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HomeMy WebLinkAbout2020 01 27 Regular 500 - Food Truck Discussion ,., REGULAR AGENDA ITEM 500 CITY COMMISSION AGENDA I JANUARY 27, 2020 REGULAR MEETING TITLE Food Truck Discussion SUMMARY Staff requests the City Commission discuss the allowance of mobile food truck vendors in Winter Springs. Attached to this agenda item for review is: - A guide to regulating food trucks created by the American Planning Association - An example of the City of Apalachicola, Florida's Mobile Food Trucks Ordinance - A Mobile Vending/Mobile Food Truck Permit for the City of Palm Bay, Florida - A Mobile Vending FAQ sheet from the City of Orlando - A Mobile Food Vending Research sheet created by the Planning Department at the City of Charlotte and Mecklenburg County, North Carolina RECOMMENDATION Staff recommends the City Commission review the provided information and enter into discussion abouttheallowance ofmobilefoodtruckvendors in WinterSprings. PAS EIP-36 November 2015 Regulating Food Trucks • to The Planning Advisory Service (PAS) researchers are pleased to 1 provide you with information from our world-class planning library. This packet represents a typical collection of documents PAS provides in response to research inquiries from our subscribers. For more information about PAS visit www.planning.org/pas. 411 American Planning Association Making Great Communities Happen Copyright © 2015. This Essential Information Packet is compiled and distributed by the American Planning Association's Planning Advisory Service with the written permission of the owner(s) of its content. Reuse of the packet's content requires explicit permission from the individual copyright holder(s). American Planning Association 205 N. Michigan Ave., Suite 1200, Chicago, IL 60601-5927 1030 15th St., NW, Suite 750 West, Washington, DC 20005-1503 www.planning.org/pas ISBN: 978-1-61190-178-8 Regulating Food Trucks PAS EIP-36 Foreword The rise in popularity of specialty or gourmet food trucks (where at least some preparation is done in the vehicle) has led to recent code revisions in communities eager to acknowledge this business model but cautious about food safety, traffic, and neighborhood compatibility. While the trend has been most visible in a select number of large cities, it is spreading rapidly through many large and small metropolitan areas across the country. Mobile food vending is increasingly being recognized as a community economic development tool. Food trucks, trailers, and carts (collectively known as mobile food units) provide opportunities for entrepreneurs and small businesses; add interest, vibrancy, and activity to streetscapes and sites; and expand food access in areas underserved by traditional restaurants. Balanced regulations and permitting procedures can help ensure that food trucks have ample vending opportunities within a jurisdiction without posing a threat to brick-and-mortar restaurants, blocking the public right-of-way, or creating a nuisance. Localities often adopt ordinances that address mobile food vending on both public and private property. Sometimes this distinction between public and private locations results in zoning standards for food trucks on private property, while standards for vending on public rights-of-way are addressed in the business licensing, streets, or public health sections of local codes. Most localities limit food trucks to nonresidential districts, and it is common to establish distancing requirements from existing restaurants, residential districts, or other vendors. Most also enact operational standards such as limitations on hours of operation, mandatory access to restrooms, or noise or sanitation requirements to minimize potential negative impacts. Some ordinances also provide for food truck courts, where multiple food trucks gather at one site to provide more of a destination experience. While not addressed in this packet, it is also important to note that all mobile food unit operators must also comply with local public health department regulations for food service establishments, whether specific to mobile food vendors or generally applicable to all food service. The first section of this packet includes a short article from APA's Zoning Practice and links to two other key reports offering regulatory recommendations for food trucks. The following section provides examples of municipal guides to help potential mobile food vendors navigate local zoning regulations. The packet also includes several staff reports discussing proposed zoning or licensing amendments for food trucks. Finally, the packet showcases the wide range of ways in which local communities are regulating food trucks with examples of both local zoning provisions as well as sample licensing provisions for mobile food units and vendors on both public and private properties. Regulating Food Trucks PAS EIP-36 Articles and Reports — APA Resource Arroyo, Rodney and Jill Bahm. 2013. "Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending." Zoning Practice, September. • Discusses the increasing popularity of mobile food units and how communities can address them through zoning, including definitions, location, duration, type of goods for sale, clustering, waste disposal, and numerous other topics. Articles and Reports — Online Resources National League of Cities. 2013. Food on Wheels: Mobile Food Vending Goes Mainstream. Washington, D.C.: National League of Cities. www.n lc.ora/Documents/FoodTruckRei)ort.odf • Analyzes regulatory trends and recommends specific regulatory approaches for mobile food units and vendors. Frommer, Robert, and Bert Gall. 2012. Food Truck Freedom: How to Build Better Food Truck Laws in Your City. Arlington, Va.: Institute for Justice. www.ij.ora/food-truck-freed om • Recommends a regulatory approach for mobile food units and vendors that focuses on public health and safety. Municipal Guides Denver (Colorado), City and County of. 2012. "Food Truck Guide: A Multi-Department Guide." • Guide to help potential operators understand applicable licensing and zoning standards for mobile food vending. Georgetown (Texas), City of, Planning Department. 2013. "Customer Bulletin # 104 - Mobile Food Establishments." May 17. • Memorandum to customers explaining existing city code provisions allowing for a mobile food establishment as a temporary use within the city limits, as well as county and state requirements. Raleigh (North Carolina) Planning & Development, City of. 2011. "Food Truck—Quick Reference Guide." • A user-friendly guide to assist in explaining the permitting process and regulatory framework around the use of food trucks. San Diego (California), City of, Department of Development Services. 2014. "How to Obtain a Permit for a Mobile Food Truck." Information Bulletin 148. • Summarizes the approval process and submittal requirements for mobile food trucks. San Francisco (California), City and County of. 2011. "Frequently Asked Questions — Street Food: Regulations for Mobile Food Facilities." • Guide to help potential operators understand the permitting process for mobile food facilities on private property. Page 1 of 7 Regulating Food Trucks PAS EIP-36 Staff Reports Louisville (Colorado), City of. 2014. "Agenda Item 8B: Ordinance No. 1665, Series 2014—An Ordinance Amending Title 17 of the Louisville Municipal Code to Define Food Trucks, Food Carts, and Mobile Retail Food Establishments and Adopt Regulations Addressing Their Allowed Operations Within Louisville." Staff Report, May 20. • Staff report discussing regulatory amendments to sanction and control mobile food units on public and private property. San Diego (California), City of. 2014. "Amendments to the Municipal Code and Local Coastal Program Related to Food Trucks." Report to the Planning Commission, January 9. • Staff report discussing regulatory amendments to sanction and control a wider range of mobile food units on public and private property. St. Petersburg (Florida), City of, Development Review Commission. 2014. "LDR 2013-05: Text Amendment to Formally Recognize, Classify and Regulate Mobile Food Trucks Within the City Code." May 7. Also: Planning and Economic Development Department. 2013. "City File LDR 2013-05: Amendment to the Land Development Regulations ("LDRs"), Chapter 16, City Code of Ordinances." Staff Report to Development Review Commission, December 4. • Staff reports discussing regulatory amendments to sanction and control mobile food units on public and private property. Zoning Standards* Aurora (Colorado), City of. 2014. Ordinance No. 2014-20: A Bill For An Ordinance to Add Section 146-1254 and Amend Section 26-347 of the City Code of the City of Aurora, Colorado, Relating to Mobile Food Trucks. • 2014 ordinance establishes a pilot program temporarily suspending restrictions on mobile food vendors in certain areas of the city to allow review of impacts before permanent code changes. Allows for operation on private and public property; establishes distancing requirements from brick and mortar restaurants and residential districts. • See city webpage, "Mobile Food Vendor Toolkit," at https://www.aurora_ov.or_/g Doing Business/SmallBusinessResources/NewBusinessVentures/Mo bileFoodVendorToolkit/index.htm . Austin (Texas), City of. 2015. Code of Ordinances. Title 25, Land Development; Chapter 25- 2, Zoning; Subchapter C, Use and Development Regulations; Article 4, Additional Requirements for Certain Uses; Division 2, Commercial Uses; Section 25-2-812, Mobile Food Establishments. Tallahassee, Fla.: Municipal Code Corporation. • Defines mobile food establishment and provides standards addressing location and operations for establishments on private property. Allowed in most commercial and industrial districts; establishes distancing requirements from residential and restaurant uses. Authorizes neighborhood associations to petition for additional locational restrictions. • See next section for licensing requirements. • See city webpage, "Mobile Food Establishments," at http://www.austintexas._og v/department/mobile-food-establishments. Boulder (Colorado), City of. 2015. Revised Code. Title 9, Land Use Regulation; Chapter 9-6, Use Standards; Section 9-6-1, Schedule of Permitted Land Uses. Section 9-6-5, Temporary Lodging, Dining, Entertainment, and Cultural Uses; Subsection 9-6-5.d, Mobile Food Vehicle Sales. Chapter 9-16, Definitions. Also see Title 4, Licenses and Permits; Chapter 4-10, Fees; Section 4-20-66, Mobile Food Vehicle Sales. Tallahassee, Fla.: Municipal Code Corporation. • Defines mobile food vehicle and provides standards addressing location and operations restrictions for vehicles on public and private property. Establishes distancing requirements Page 2 of 7 Regulating Food Trucks PAS EIP-36 from other mobile food vehicles when vending in the public right-of-way, residential districts, and restaurants. • See city webpage, "Mobile Food Vehicles," at https://bouldercolorado.gov/tax-license/mobile- food-vehicles. Columbia (South Carolina), City of. 2015. Code of Ordinances. Chapter 17, Planning, Land Development and Zoning; Article III, Zoning; Division 1, Generally; Section 17-55, Definitions. Division 8, District Descriptions, Use and Dimensional Regulations; Section 17- 258, Table of Permitted Uses; part 7(j). Tallahassee, Fla.: Municipal Code Corporation. • Defines food truck and allows food trucks as temporary vendors on private property subject to location and operations restrictions, including distancing requirements from restaurants. Fairburn (Georgia), City of. 2015. Code of Ordinances. Part II, Land Development and Related Regulations; Chapter 80, Zoning; Article I, In General; Section 80-4, Definitions. Article IV, Administrative Permits and Use Permits; Section 80-237, Mobile Food Truck. Tallahassee, Fla.: Municipal Code Corporation. • 2013 ordinance defines mobile food truck and provides standards restricting location, size, signage, and operations for trucks on private property. Fayetteville (Arkansas), City of. 2015. Code of Ordinances. Title XV, Unified Development Code; Chapter 178, Outdoor Vendors; Section 178.05, Food Truck and Food Trailer Limited Time Permits. • 2014 ordinance defines food trucks and food trailers and allows them to locate for a limited time on public and private property. Establishes lottery systems for a limited number of permits allowing food trucks to locate in designated public parking spaces and public property; also establishes permit process for locating on private property. Provides standards addressing location, operations, and fees. Fort Worth (Texas), City of. 2015. Code of Ordinances. Appendix A, Zoning Regulations; Chapter 4, District Regulations; Article 8, Nonresidential District Use Table. Chapter 5, Supplemental Use Standards; Article 4, Temporary Uses; Section 5.406, Mobile Vendors. Chapter 9, Definitions; Section 9.101, Defined Terms. Cincinnati: American Legal Publishing Corporation. • 2012 and 2013 ordinances defines mobile vending unit and mobile vendor food court and provides standards addressing location, parking, signage, and operations for units and courts on private property. • See city webpage, "Mobile Food Vendor," at http://fortworthtexas.gov/health/MobileVendors/. Huntsville (Alabama), City of. 2015. Code of Ordinances. Appendix A, Zoning Ordinance; Article 3, Definitions; Section 3.1, Interpretation. Article 73, Supplementary Regulations and Modifications; Section 73.23.1, Mobile Food Vending. Tallahassee, Fla.: Municipal Code Corporation. • 2013 ordinance amended in 2015 defines mobile food vending unit and mobile food vending site, permits mobile food vending in multiple commercial, industrial, and research park districts. Provides standards addressing location and operations for units and sites on private property. Manor (Texas), City of. 2013. Ordinance No. 185-N: To Add Food Court Establishments in Commercial and Industrial Districts as a Conditional Use. • Defines mobile food unit and food court establishment and permits food court establishments as conditional uses in commercial and industrial districts, subject to standards addressing location (including proximity to other food courts and residential districts) as well as site design/parking. Page 3 of 7 Regulating Food Trucks PAS EIP-36 Miami-Dade (Florida), County of. 2015. Code of Ordinances. Chapter 33, Zoning; Article I, In General; Section 33-1, Definitions. Section 33-14.1, Mobile Sales and Mobile Food Service Operations. Tallahassee, Fla.: Municipal Code Corporation. • 2011 and 2013 ordinances defines mobile food service operation and allow for mobile operations on private property in several urban nonresidential districts, as well as institutional uses in residential districts. Provides standards addressing location, site area, parking, signage, and operations. • See city webpage, "Mobile Sales and Mobile Food Service Operations Requirements and Guidelines," at www.miamidade.ciov/permits/mobile-sales.asp. Raleigh (North Carolina), City of. 2015. Unified Development Ordinance. Chapter 6, Use Regulations; Article 6.1, Allowed Uses; Section 6.1.4, Allowed Principal Use Table. Article 6.4, Commercial Uses; Section 6.4.10, Restaurant/Bar; part D, Food Trucks. Chapter 7, General Development Standards; Article 7.1, Parking; Section 7.1.2, Required Parking. • Defines food truck as a facility within the restaurant/bar use category and provides standards addressing location, parking, signage, and operations for trucks on private property. • See city webpage, "Food Trucks: Licensed, Motorized Vehicles or Mobile Food Units," at www.raleighnc.gov/business/content/PlanDev/Articles/Zoning/FoodTrucks.html. St. Petersburg (Florida), City of. 2015. Code of Ordinances. Chapter 16, Land Development Regulations; Section 16.50.440, Vending, Mobile Food Trucks. Tallahassee, Fla.: Municipal Code Corporation. • 2014 ordinances defines mobile food truck and establishes three classes of these vehicles (mobile kitchens, canteen trucks, and ice cream trucks); also defines food truck rally. Provides location and operational standards for each class of mobile food truck on public property and on private property in all zoning districts allowing retail uses or restaurants/bars. Salt Lake City (Utah), City of. 2015. City Code. Title 21A, Zoning; Chapter 21A.36, General Provisions; Section 21A.36.160, Mobile Businesses. Section 21A.36.161, Mobile Food Courts. Chapter 21A.62, Definitions; Section 21A.62.040, Definitions of Terms. Coeur d'Alene, Id.: Sterling Codifiers. • 2012 ordinance defines mobile food business, mobile food court, mobile food trailer, and mobile food truck and provides standards addressing location, parking, signage, and operations for mobile food units on public and private property in mixed use and nonresidential districts and standards addressing location, parking, and operations for mobile food courts in manufacturing and downtown districts. • See city webpage, "Business Licensing - Mobile Food Business" at www.slcaov.com/business- licensing/business-licensing-mobile-food-business. San Antonio (Texas), City of. 2015. Unified Development Ordinance. Article III, Zoning; Division 2, Base Zoning Districts; Section 35-311, Use Regulations; Table 311-2, Nonresidential Use Matrix. Division 7, Supplemental Use Regulations; Section 35-399, Mobile Food Courts. Appendix A, Definitions and Rules of Interpretation; Section 35-A101, Definitions and Rules of Interpretation; part b, Definitions. Tallahassee, Fla.: Municipal Code Corporation. • 2012 ordinance defines mobile food court and mobile food establishment. Allows mobile food courts in multiple nonresidential districts subject to standards addressing location, site design, signage, and operations. • See next section for licensing requirements. • See city webpages, "Downtown Mobile Food Truck Vending," at www.sanantonio.gov/CCDO/vending/mobilefoodtruckvending.aspx, and "Mobile Vending," at www.sanantonio.aov/Health/FoodLicensina/Mobile/MobileVendino.aspx#8958226- requi rements-by-type-of-operation. Watauga (Texas), City of. 2015. Code of Ordinances. Subpart B, Land Development; Chapter 115, Zoning; Article I, In General; Section 115-6, Permitted Principal, Accessory Page 4 of 7 Regulating Food Trucks PAS EIP-36 and Specific Use Permit Uses. Article III, Zoning Districts Established; Zoning Map; District Regulations; Section 115-63, Supplemental Regulations; part (14), Mobile Food Vendor Courts. Article IV, Table of Uses. Tallahassee, Fla.: Municipal Code Corporation. • 2014 ordinance defines mobile food vendor court and provides standards addressing location, operations, site design, parking, and signage requirements for this use. • See next section for licensing requirements. Licensing Standards* Austin (Texas), City of. 2015. Code of Ordinances. Title 10, Public Health Services and Sanitation; Chapter 10-3, Food and Food Handlers; Article 1, General Provisions; Section 10-3-1, Definitions. Article 4, Mobile Food Establishments. Tallahassee, Fla.: Municipal Code Corporation. • The public health title of the code defines mobile food establishment and provides health permit requirements and sanitary standards for mobile food establishment units. Bedford (Texas), City of. 2015. Code of Ordinances. Chapter 66, Health and Sanitation; Article II, Food and Food Establishments; Section 66-33, Definitions. Section 66-44, Mobile Food Units. Tallahassee, Fla.: Municipal Code Corporation. • 2013 provisions in the health and sanitation code of this suburban community allow mobile food units to vend on commercially zoned private property (e.g., shopping center parking lots); provides location and operations requirements. District of Columbia. 2013. Notice of Final Rulemaking: Adoption of a new Chapter 5 (Vendors) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR), and amendments to Chapter 5 (Basic Business License Schedule of Fees) of DCMR Title 17 (Business, Occupations and Professions), and to Chapter 33 (Department of Consumer & Regulatory Affairs (DCRA) Infractions) of DCMR Title 16 (Consumers, Commercial Practices, and Civil Infractions). • 2013 amendment to the public space title of the code establishes Mobile Roadway Vending locations for mobile food trucks and allows them to vend from public parking spaces with payment of parking meter fees. Vendors participate in a monthly lottery for assigned daily spaces in MRV locations. Includes design and operational standards for vending vehicles. • See city webpage, "Mobile Food Truck Licensing Information," at http://dcra.dc.ciov/service/mobile-food-truck-licensing-information. Evanston (Illinois), City of. 2015. Code of Ordinances. Title 8, Health and Sanitation; Chapter 23, Mobile Food Vehicle Vendors. Tallahassee, Fla.: Municipal Code Corporation. • 2010 provisions in the health title of the code amended in 2012 define mobile food vehicle, describe permit requirements, and provide locational and operational standards. • See city webpage, "Mobile Food Vendor Permit," at www.cityofevanston.org/business/permits- licenses/mobile-food-vendor/. Hoboken (New Jersey), City of. 2014. Municipal Code. Part II, General Legislation; Chapter 147, Mobile Retail Food Vendors. Rochester, N.Y.: General Code. • 2012 ordinance defines mobile retail motorized food vendor, mobile retail nonmotorized food vendor, and mobile retail pre-packaged food vendor. Includes purpose statement, provides location and operations standards, details health license and certificate requirements, and describes parking permit requirements. Page 5 of 7 Regulating Food Trucks PAS EIP-36 Huntsville (Alabama), City of. 2015. Code of Ordinances. Chapter 18, Peddlers and Solicitors; Article II, Central City Area; Section 18-36, Sidewalk Cafes, Vendors, and Mobile Food Vendors. Tallahassee, Fla.: Municipal Code Corporation. • The peddling title of the code defines mobile food vending unit and mobile food vending site, allows mobile food vending in public spaces within the city center. Lists permit requirements, provides location and operations standards. Jackson (Mississippi), City of. 2015. Code of Ordinances. Chapter 66, Health and Sanitation; Article III, Mobile Food Vending. Tallahassee, Fla.: Municipal Code Corporation. • 2011 provisions in the health and sanitation title, amended in 2015, define mobile food vendor and mobile food preparation vehicle. Allows for mobile vending in designated locations on public property with a permit. Lists permit application requirements and provides location, operations, and design standards for mobile food vehicles. Minneapolis (Minnesota), City of. 2015. Code of Ordinances. Title 10, Food Code; Chapter 186, In General; Section 186.50, Definitions. Chapter 188, Administration and Licensing; Article III, License Holder Requirements; Section 188.485, Mobile food vendors. Tallahassee, Fla.: Municipal Code Corporation. • 2010 provisions in the food code, amended in 2013, define mobile food vehicle vendor and provides for mobile food vending from designated locations on public property and streets with a license. Describes licensing requirements, provides location and operations standards. New Orleans (Louisiana), City of. 2015. Code of Ordinances. Chapter 110, Peddlers, Solicitors, and Itinerant Vendors; Article II, Peddlers and Itinerant Vendors; Division 5, Food—Mobile Vending. Tallahassee, Fla.: Municipal Code Corporation. • 2013 provisions in the peddling code, amended in 2014, define mobile food truck and mobile vendor, and allows for mobile food vending from the public right-of-way and public places with a permit. Lists permit requirements, provides location and operations standards. • See city webpage, "Food Truck Permit," at www.nola.gov/onestop/business/food-alcohol/food- truck-permit/. Northampton (Massachusetts), City of. 2015. Municipal Code. Chapter 285, Streets, Sidewalks, and Public Property; Article I, General Street and Sidewalk Regulations; Section 285-4, Permit to Display Merchandise on Streets Required; Mobile Food Vehicles; part C, Mobile Food Vehicles. Rochester, N.Y.: General Code. • 2013 provisions in the streets, sidewalks, and public property chapter of the code defines mobile food vehicle and allows them to vend from public parking spaces with a permit, but prohibits their operation within the central business district. Provides location and operational standards. Portland (Maine), City of. 2015. Code of Ordinances. Chapter 19, Peddlers and Solicitors; Section 19-23, Rules Promulgated by City Manager. Also, "City of Portland Food Truck Rules and Regulations." • 2013 provisions in the peddling code provide that city manager may establish regulations governing food trucks. Rules and regulations list permitted public and private locations and districts for food truck operations as well as design and operations requirements; night vending permitted. San Antonio (Texas), City of. 2015. Code of Ordinances. Chapter 13, Food and Food Handlers; Article I, In General; Section 13-3, Definitions. Article IV, Mobile Food Courts and Mobile Food Establishments. Tallahassee, Fla.: Municipal Code Corporation. • 2008 provisions in the food code, amended through 2014, define mobile food court and allow for mobile food vending on public and private property with permit. Provides location, operations, and sanitation standards. Page 6 of 7 Regulating Food Trucks PAS EIP-36 Seattle (Washington), City of. 2015. Municipal Code. Title 15, Street and Sidewalk Use; Subtitle I, Street Use Ordinance; Chapter 15.17, Vending; Section 15.17.120, Food Vending From a Curb Space. Tallahassee, Fla.: Municipal Code Corporation. • 2011 provisions in the streets and sidewalks title require mobile food vehicles to obtain permits from the Department of Transportation before vending in curbside spaces or designated food-vehicle zones. Provides location and operations standards. • See city webpages, "Street-Food Vending," at www.seattle.gov/economicdevelopment/business-owners/street-food-vending, and "Street Food Carts or Trucks," at www.seattle.gov/dpd/permits/commonprojects/streetfoodcarts/default.htm. Traverse City (Michigan), City of. 2015. Code of Ordinances. Part 8, Business Regulations; Chapter 865, Mobile Food Vending. • 2013 licensing provisions, amended in 2015, define mobile food vending unit, allows for vending in city-controlled parking spaces and private property with a permit. Provides location and operations requirements. Watauga (Texas), City of. 2015. Code of Ordinances. Chapter 22, Licenses, Permits, and Business Regulations; Article XIV, Mobile Food Vendor Units. Tallahassee, Fla.: Municipal Code Corporation. • 2014 licensing provisions define mobile food vendor unit and provide permitting, location, and operations requirements for mobile food vendors. *The code excerpts contained in this Essential Info Packet are current as of November 2015, but do not reflect any amendments made after this date. Please visit municipal websites or websites of the code publishers for access to the most current versions of local codes. Page 7 of 7 Regulating Food Trucks PAS EIP-36 Articles and Reports • Arroyo, Rodney and Jill Bahm. 2013. "Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending." Zoning Practice, September. Additional Online Resources • National League of Cities. 2013. Food on Wheels: Mobile Food Vending Goes Mainstream. Washington, D.C.: National League of Cities. www.nlc.org/Documents/FoodTruckRei)ort.i)df • Frommer, Robert, and Bert Gall. 2012. Food Truck Freedom: How to Build Better Food Truck Laws in Your City. Arlington, Va.: Institute for Justice. www.ii.org/food-truck-freedom Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending By Rodney Arroyo,AICP, and Jill Bahm,AICP Recent economic and cultural trends show an explosion in the popularity of food trucks, or mobile vendors, over the past several years. ~z , rt 14 l r � 55� Ian 3 J. \ According to research done by Emergent for the taurants.Amplifying the push for food trucks make a difference in their lives and their com- National Restaurant Association,the growth are the twin trends of"buying local"and"food munities.More resources are starting to be- of mobile food trucks will soar in the next five as entertainment"that are enhanced by pro- come available for potential business owners. years,generating up to$2.7 billion in revenue grams such as the Great Food Truck Race on the Networks for mobile food vendors are grow- nationally by 2017—up from$65o million in Food Network.While ice cream trucks and job- ing;the Southern California Mobile Food Ven- 2012(Emergent Research 2012).All across the site lunch wagons haven't disappeared,they dors Association was formed in 2olo as one country,cities,small towns,and suburbs are are increasingly being joined by gourmet trucks of the first associations dedicated to helping seeing food trucks popping up,some in unex- and trucks specializing in ethnic offerings. vendors breakdown barriers to business pected places like office and industrial parks, All across the United States,people are (www.socalmfva.com).And this fall,Roam—a where zoning ordinances typically preclude res- exploring how mobile food vending might first-ever industry conference for mobile food ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION I page 2 ASKTHEAUTHORJOIN Go online during the month of September to participate ., Arroyo,in our"Ask the Author"forum,an interactive feature of Rodney holds availableZoning Practice.RodneyArroyO,AICP,andfill Bohm,AICP, Planning degree from Georgia Tech and has more than 30 years'expertise in will be about this article. planning and transportation. Go to theAPA website at www.planning.org andfollow the ordinances,form-based codes,corridor studies,and access management plans. links to theAsk the Author section.From there,justsubmit Arroyo also serves as an expert witness in planning zoning issues,is a your questions,., planningprofessor authors will reply, d Zoning Practice will.,st the answers for Wayne State University's graduate urban planning cumulatively on the website for the benefit of all , availableThis feature will be of Zoning of Urban and Regional Planning degree and has worked in both the public and availablePractice at announced times.After each online discussion private sectors as a downtown development authority director,city planner, is closed,the answers will be saved in an online arc ive and real estate marketing professional.Bahm's professional interests include , . pages. economic development,recreation planning,historic preservation,community participation,and organizational development. suppliers and owners—will take place in Port- tinction between the food vendors that are more uses,most do not contain current definitions land,Oregon. transient in nature,like an ice cream truck,and for mobile food vending nor do they include any On the worldwide stage,the World Street those that seek to move about less frequently. standards that specifically relate to vending and Food Congress is the first of its kind to connect Both types of uses can offer benefits to the com- the issues that may arise.The net result in many and open up fresh ideas and thought leadership munity,and they will each have different poten- communities,intentional or unintentional,is a in the massive and growing street-food culture tial issues to regulate. prohibition on mobile food vending. and industry throughout the world.This io-day Many mobile food vendors utilize street-food festival was hosted in Singapore in self-driven vehicles that permit easy reloca- THE PROS AND CONS OF MOBILE January 2013 and featured well-known leaders tion throughout the community.However, FOOD VENDING in the food industry(www.wsfcongress.com). mobile food vending also includes trailers, Over the past few years,most of the economy Faced with inquiries from food vendors, food kiosks,and food carts.Food kiosks are has been struggling and the workforce has been many communities turn to their zoning codes, temporary stands or booths that are typically challenged to adapt.With laid-off workers try- onlyto discover that mobile food vending isn't intended to sell prepared foods,including ice ingto reinvent themselves and new immigrants really defined and may not be permitted in the cream,pretzels,and the like.Food kiosks may looking for opportunities,the number of people way vendors might like.With the approach to be found inside a large office building or shop- starting new businesses is rising.Mobile food regulating mobile vending varying widely in ping mall,but may also be secured for outside vending seems,for some,like a low-cost way to communities,it can be hard to know where to use.Some communities,like Maui County, wade into the pool of business ownership.There begin when considering if and how to accom- Hawaii,allow a variety of products to be sold are a number of reasons why communities may modate food trucks. at a kiosk,provided certain standards are met elect to sanction mobile food vending: (§30.08.030).While temporary in structure, • It provides an opportunity to increase jobs WHAT IS MOBILE FOOD VENDING? food kiosks are often stationary with a defined and businesses.The cost of starting a food truck Regulatory codes for many communities rec- location.Food carts allow the vendor to sell business can start at$25,000,where a tradition- ognize transient merchants—those goods and from outside the moveable unit and are often al bricks-and-mortar establishment may start at services provided by traveling vendor.The used to sell fresh fruits and vegetables.Typi- $300,000,according to the National Restaurant typical ice cream truck would be a good example catty,the food in kiosks and carts is prepared Association(Emergent Research 2012). of a transient merchant who is mobile most of elsewhere and kept cold or hot in the unit. • It offers opportunities to provide food choic- the time,stopping only when requested for a The city of New York encourages"green carts" es wherezoning precludes restaurants.Tradi- few short minutes.Many operators of today's that offer fresh produce in certain areas of the tional zoning codes tend to restrict the uses food trucks or carts,however,are seeking more city and has special regulations for these uses permitted in office and industrial districts,only than a few minutes on the street,sidewalk,or (www.nyc.gov/greencarts). allowing uses that narrowly meet the intent of parking lot,staying in place for a few hours to In communities across the U.S.,mobile those districts.Office and industrial parks,in serve breakfast,lunch,or dinner.In fact,when food vendors are seeking permits to start these particular,are often isolated from the rest of they are located on private property,some food innovative businesses.They often run into road- the community,requiring employees to drive to trucks may be in one location for days,weeks, blocks at city hall,because while many zoning retail and restaurant areas.In addition,some or even months.It is important to make a dis- ordinances include provisions for temporary communities may not have access to variety of ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION I page 3 healthy,fresh foods,and therefore decide to ton—and two more openingthis year.The Lunch went through an extensive research and public encourage such food vendors in certain neigh- Room in Ann Arbor,Michigan,plans to open its input process,surveying their local chamber borhoods by relaxing requirements.New York's bricks-and-mortar location soon,using social of commerce and meeting with prospective green carts initiative allows additional permits media to solicit fans of its existing"Mark's mobile food vendors,residents groups,and to be issued over the city's defined limit to Carts"to become investors in the restaurant. restaurant owners.Their resulting ordinance mobile food vendors that offer fresh produce in Along with these potential benefits can language responds to the needs and concerns underserved neighborhoods,and Kansas City, come community impacts and possible con- of the community(Longmont zoic). Missouri,offers reduced permit fees for mobile flicts.Some of the challenges associated with food vendors in city parks that meet certain ADDRESSING AREAS OF nutritional standards(Parks and Recreation CONCERN THROUGH ZONING Vending Policy 4.7.o8). #Nraft �{ Many communities are up- It can increase activity in struggling busi- 0MOTOR CITY STREET EATS datingtheircodestoaccom- nessdistrictsbycreatingadynamicenviron- dCATHFHERCOFMEfRODEfli0lFSFtNE5tF000TRUENS modate or regulate mobile ment where people gather around the avail- vending.In June 2012 Grand ability of new and fresh food.The economy has Rapids,Michigan,included the taken a toll on businesses over the past several following statement of intent in years.Those that are hanging on in some a new set of mobile food vend- areas find that their neighboring buildings or ing provisions: businesses are vacant.Food trucks can be a way to enliven an area,generating traffic for Employment and small busi- existing businesses and possibly spinning off ness growth in the city can new business activity.The restaurant industry occur while providing abroad is evolving to meet the demands of patrons I l'I range offood choices to the who are looking for locally grown,sustainable, public through careful rary conc healthy,and fast options for dining.When food sionallow- ances les.The provisions sions of trucks use social media to communicate about o this section are intended to their location schedules,it can build up a cer- prevent predatory practices on tain level of excitement and anticipation that bricks-and-mortar restaurants can make a positive social impact.In addition, while allowing for new food venthe rising trend of"cart pods"and"food truck add vitgoppovaca t that can add vitality to vacant parking rallies"brings multiple mobile food vendors to . e lots and underutilized sites... one location,creating a festive atmosphere in Lmia • (§5.9.32•K)• an area for a short time. '' t!1 • They signal to other potential businesses 1 Other cities,including that the community is adapting to the evolving " ' ' '` a Phoenix,Arizona(§624.D.87); economy and supporting entrepreneurship. Chapel Hill,North Carolina Mobile food trucks are a new way of doing (§§io-66-74);and Fort Worth, i business;in these early years,communities Texas(§5.4o6)—j ust to name that anticipate the demand from businesses Q Food truckgatherings are increasingly common in a few—adopted regulations in and consumers may also find that this flexibil- communities with extensive food truck offerings. 2012 to allow mobile vending ity signals receptivity to new business models. or food trucks.Chapel Hill's • They areaway for restaurateurs to test the mobile food trucks might include problems provisions note that allowing food trucks will local marketfor future bricks-and-mortarfacili- with maintenance,trash,parking,noise,and "promote diversification of the town's economy ties.Mobile food trucks offer opportunities to vehicular and pedestrian circulation.In addi- and employment opportunities and support interact with a potential market,to test recipes tion,some restaurateurs may be threatened the incubation and growth of entrepreneurial/ and pricing,and see ifthe restaurant fits with by this new competition and try to prevent start-up businesses"but also that food trucks the community.All across the United States mobile food vending.Food trucks also have pose"unique regulation challenges." there are examples of food truck businesses their own operational challenges,includ- While specific approaches vary from place evolving into permanent establishments,includ- ing dealing with unpredictable weather and to place,communities interested in adding or ing El Carrion("the truck")in northwest Seattle maintaining an appropriate inventory despite updating regulations for mobile food vending that has recently opened a restaurant and bar in limited storage. should start by defining the uses and then the Ballard neighborhood after several years of The Bestway to understand and manage consider each of the following questions: experience with its two mobile food units.Tor- the pros and cons of food trucks in individual III, Where in the community should such uses chy's Tacos in Austin,Texas,started with a food communities is to solicit public input and be permitted? truck and now has eight bricks-and-mortar res- dialogue about the needs and wants of the III, How long should a food truck be permitted taurants in Austin,Dallas,Fort Worth,and Hous- community.For example,Longmont,Colorado, to stay in one location? ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION l page 4 • Are these mobile units just for food sales,or In consideration for existing facilities, nity and often is related to where mobile food can other goods be sold as well? some communities decide that there should be vending is permitted.Some communities allow • Does the community want to increase activity? a minimum distance between mobile units and food trucks on public property but prohibit • How can the zoning ordinance address up- bricks-and-mortar restaurants.Some communi- overnight parking.Where on-street parking is at keep and maintenance? ties try to limit the impact on adjacent residen- a premium,communities may consider allow- • When can food trucks operate? tial uses through a distance requirement or by ing food trucks to utilize public parking spaces • How are visitor parking and circulation ac- restrictions on hours of operation.Planners for the same duration as other parked vehicles. commodated? should test these locational restrictions to Chicago requires food trucks to follow posted • How are these uses reviewed and permitted? ensure that realistic business opportunities meter time restrictions,with no more than two • What do vendors and their customers want exist.EI Paso,Texas,repealed its locational hours in one location.In addition,the city also or need? requirement of i,000 feet from bricks-and-mor- limits mobile food vending to two hours on • How is signage for the mobile unit regulated? tar establishments following a zoic lawsuit to private property(§4-8). • How is the site lit to ensure safety? provide sufficient opportunities for mobile food In contrast,some communities allow food vendors(Berk and Leib 2012).Attorneys Robert trucks on private property for up to 3o days or Location Frommer and Bert Gall argue that separation more at one location.For example,Grand Rapids It is common to allow mobile food vending in from other establishments is not necessary and allows concession sales for up to zoo consecu- commercial districts,but some communities that food truck regulations should be narrowly tive days over 12 calendar months(§5.9.32•K.6). add industrial districts or specify mixed use tailored to legitimate health,safety,and wel- Regulations like this may impact vendors districts.Start with the community's comprehen- fare concerns,not regulate competition(2012). in terms of the types of food that can be sold sive plan—is there a need or desire to increase The American Heart Association has also and the manner in which they are prepared, activities in specific parts of the community?Are looked at location issues related to mobile especially when preparation is done on-site. there concerns about the impact of single-pur- food vending.They report that several commu- Communities may wish to considerwhether the pose districts(especially office and industrial) nities across the country prohibit mobile food allowed duration is reasonable for food ven- on connectivity,traffic congestion,and business vending within a certain distance of schools(or dors as well as adjacent property owners. 71 ea i amscr TAWS a �:• r R © This food truck rally in Royal Oak,Michigan,illustrates how a gathering of food trucks can activate an otherwise space.underutilized retention and recruitment?Are there any areas at school release times)to limit the sometimes Goods Available for Sale in the community where the population is un- nutritionally challenged food choices avail- Some communities,like College Station,Texas, derserved by food choices?Planners can take able(2012).Woodland,California,prohibits are very specific that the goods sold from mo- these concerns to the community and invite mobile food vending within 300 feet of a bile vending to be food related 64-20).This residents and business owners to share their public or private school,but will allow them on is often borne of a desire to start with mobile thoughts on where mobile food vending might school property when approved by the school vending on a limited basis to gauge its impact. be appropriate and desirable. (§14-15).It a different twist,the Minneapolis As mobile food trucks become more prevalent, Some communities make a distinction Public School System introduced a food truck surely people will explore the ideas of start- between vending on public property,which program this year to offer free nutritious meals ing other types of businesses in this format. often requires a license but is not regulated by to students during the summer months at four Communities may wish to consider the ques- zoning,and private property,which often re- different sites in Minneapolis(Martinson 2013). tions raised earlier about location and assess quires a temporary use permit and is regulated whether or not it makes sense to allow other by the zoning ordinance.When permitted on Duration goods in addition to food to be sold in desig- private property,zoning standards should re- The length of time food trucks are permitted nated areas.For example,Ferndale,Michigan, quire evidence of property owner approval. to stay in one place varies widely by commu- allows a variety of wares to be sold by a mobile ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION l page 5 vendor,including apparel,jewelry,household units to function on private property as a trucks on private property,communities typi- goods,and furnishings(§§7-73-82).That single business.To address potential negative cally require the vendor to ensure that there might be just the place for book publisher impacts,each mobile food court must have its is sufficient parking available for its use and Penguin Group(USA)to take its recently intro- own on-site manager,who is responsible for any other uses on the site,including the space duced first mobile bookstore,which aims to the maintenance of the area(§5.4o6). taken up by the unit itself.Some cities allow make books accessible where big box retailers public parking areas to be utilized for food aren't located(Edsall 2013). Trash trucks,and may even allow metered parking The type of standards for trash removal and spaces to be used provided the related meter Number of Units in One Location upkeep will vary depending on the location and fees are paid.For example,Minneapolis al- Some communities that are getting on board duration of the vending.Most communities lows a mobile vendor to park at no more than with mobile food vending have started allow- require waste receptacles for every mobile food two metered spaces,as long as they are not ing them to congregate for certain events and vending unit and some further require waste to short-term spaces and are not located within activities.For example,Royal Oak,Michigan, be removed from a site daily.Keep in mind that ioo feet of an existing restaurant or sidewalk started a food truck"rally"at their indoor farm- where communities allow seating along with cafe—unless the restaurant owner gives Gon- ers market during colder months.It is a good the mobile food unit,people will generate more sent(§188.485•c•7)• way to utilize the facility as well as provide trash on-site than in situations where there is entertaining food options for city residents. no seating provided and people take their food Licenses and Permits It has now become a great family event every (and trash)to go. Most communities require permits or licenses month year-round,with musical entertainment, regardless of whether the trucks operate on bouncy houses,and face painting.The city lim- Hours of Operation public or private property.It is also common its the rally to no more than 10 different trucks Some communities limit hours of operation to for the community to reference compliance with a variety of cuisine for the whole family. around lunchtime(e.g.,10:3o a.m.until 3:30 with other codes,particularly state or local health codes.These other codes can impact how trucks operate.For example,California's s Health and Safety Code re- quires trucks to have hand- f IN _ ©Site amenities like washing stations if food is prepared in the truck,but 60 tables and chairs does not require them on are often easier to 7� OWL accommodate on trucks selling only prepack- aged foods like frozen des private property ek than in a public serts(§114311). Some communities } cap the number of licenses !►- + available for food trucks to limit their impact,but many others do not.Grand Rapids requires a temporary use permit,subject to CD t planning commission approval,and gives standards for consideration(§5.9.32•K.18), including an assessment asking"[w]ill the According to Market Master Shelly Mazur,"It's p.m.),and others allow sales from early in the proposed stand,trailer,wagon orvehicle nice to be able to offer a family-friendly event morning to late in the evening(e.g.,7 a.m.until contribute in a climate-controlled building with renovated 10 p.m.).Some communities place no time to the general aesthetic of the business dis- bathrooms and seating." limits on these operations in the zoning regula- trict and include high quality materials and On the other hand,in its 2010 ordinance, tions.Again,consider where these units will finishes?" the city of Zillah,Washington,banned mobile be permitted and the potential conflicts with food vending altogether,declaring it a"nui- adjacent uses. Site Amenities sance,"and finding that"when mobile ven- Some communities specify that no tables dors congregate in the same area,the height- Parking and Circulation or chairs are permitted,or if they are,then ened intensity of use negatively impacts the Given the mobility of these vendors,they by sanitary facilities are also required.There surrounding area,particularly by increased necessity are typically located in parking areas. may be flexibility in the permitted arrange- trash"(§8.32).Fort Worth tackled this issue Whether in public spaces or a private parking ments for such facilities(for example,hav- head-on,defining a group of food trucks as a lot,it is important to ensure sufficient parking ing permission to use such facilities within "mobile food court"when two or more mobile for existing uses to prevent an undue burden a reasonable distance of the mobile unit). vending units congregate.They allow these on bricks-and-mortar establishments.For food Frisco,Texas,prohibits connections to po- ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION l page 6 REFERENCES • American Heart Association.2012."Mobile Food Vending near Schools • Emergent Research.2012."Food Trucks Motor into the Mainstream." Policy Statement."Available at www.heart.org/idc/groups/heart- Intuit,December.Available at http://network.intuit.com/wp-content public/@wcm/@adv/documents/download able/ucm-446658.pdf. /upload s/2012/12/Intuit-Food-Trucks-Report.pdf. • Berk,Keith,and Alan Leib.2012."Keeping Current:UCC—Food Truck Regu- • Longmont(Colorado),City of.2011.Mobile Food Vendors Longmont lations Drive Controversy."Business Law Today,May.Available at http:// Municipal Code Amendment.Planning&Zoning Commission Com- apps.ameficanbar.org/buslaw/blt/content/2012/o5/keepingcurrent.pdf. munication,June 20,2011.Available at www.ci.longmont.co.us • Edsall,Larry.2013."Food Trucks Inspire Mobile Bookstore,"Detroit News, /planning/pz/agendas/2o11/documents/final_mobilefoodvendors July 11.Available atwww.detroitnews.com/article/20130711/AUT003 pdf. /307110040/1121/autoo6/Food-trucks-i nspire-mobi le-boo kstore. • Martinson,Gabrielle.2013."In its First Summer,District's Food • Frommer,Robert,and Bert Gall.2012.Food Truck Freedom.Washing- Truck is a Success."The Journal,July 16.Available at www ton,D.C.:Institute for Justice.Available at www.ij.org/images journalmpls.com/news-feed/in-its-first-summer-districts-food- /pdf—folder/economic—liberty/vending/foodtruckfreedom.pdf. truck-is-a-success. table water,requiring mobile food vendors to Lighting as appropriate.The Metropolitan Government of store their water in an internal tank.The city Lighting is not as commonly addressed as other Nashville-Davidson County,Tennessee,initiated a also requires vendors to be located within 5o issues,especially if a mobile food vending unit test phase beginning April 2012 that will provide feet of an entrance of a primary building,and is located in an existing developed area,but it evaluative data fora successful mobile food ven- drive-through service is expressly prohibited is likely presumed that other applicable lighting dor program.The program will initially be operated (§3.02.01.A(2o)).King County,Washington, requirements appropriate to the location are undera temporary permit issued by the Metro requires that all mobile food vending in the to be followed.Consider adjacent uses and the Public Works Permit Office for two specified zones, county be located within 200 feet of a usable impact of light trespass and glare.For example, the downtown core and outside of it.Oakland, restroom(§5.34)• Grand Blanc Township requires mobile food California,has a pilot program for"Food Vending vending units to be lit with available site light- Group Sites,"defined as"the stationary operation Signage ing.No additional exterior lighting is allowed of three(3)or more`mobile food vendors'clus- Some communities use their existing sign regula- unless permitted by the zoning board of appeals tered together on a single private property site, tions,but others tailor standards for mobile units. upon finding that proposed exterior lighting public property site,orwithin a specific section of In Michigan,both Grand Blanc Township 67.4.9.0 mounted to the mobile vending unitwill not spill public right-of-way"(§5.51). and Kalamazoo(§§25-63-68)allow one sign on over on to adjacent residential uses as mea- Before embarking on extensive zoning re- the mobile vending unit itself,but do not allow sured at the property line(§7.4.9.F.1o). writes,review the suggested considerations with any other signage.This is fairly common.In many the community to anticipate and plan for appropri- cases,the truck itself essentially functions as one TESTING,FOLLOW-UP,AND ENFORCEMENT ateways to incorporate this use in a reasonable big sign with colorful graphics.Additionally,many One of the nice things about mobile food vending way.Mobile food vending is on the rise all over the mobile food vendors now use social media to get is that it is really easy for a community to put a toe country,from urban sites to the suburbs.When out the word regarding the time and place they will in the water and test the impact of regulations on regulated appropriately,mobile food vending can set up shop,potentially reducing the need forad- mobile food vendors,other community business- bring real benefits to a community,includingjobs, ditional signage beyond that on the unit itself. es,and the public,and to adjust the regulations new businesses,fresh food,and vitality. Cover image by Rodney Arroyo;. VOL.3o,NO.9 Zoning Practice is a monthly publication of the American Planning Association.Subscriptions are available for$95(U.S.)and$120(foreign). W.Paul Farmer,FAIcP,Chief Executive Officer;David Rouse,AICP,Managing Director of Research and Advisory Services. Zoning Practice(ISSN 1548-0135)is produced at APA.Jim Schwab,AIcP,and David Morley,AICP,Editors;Julie Von Bergen,Assistant Editor;Lisa Barton,Design and Production. Missing and damaged print issues:Contact Customer Service,American Planning Association,2o5 N.Michigan Ave.,Suite 1200,Chicago,IL 6o6o1(312-431- 91oo or customerservice@planning.org)within 90 days of the publication date.Include the name of the publication,year,volume and issue number or month, and your name,mailing address,and membership number if applicable. Copyright @2013 by the American Planning Association,2o5 N.Michigan Ave.,Suite 1200,Chicago,IL 6o601-5927.The American Planning Association also has offices at 103015th St.,NW,Suite 750 West,Washington,DC 20005-1503;www.ptanning.org. All rights reserved.No part of this publication may be reproduced or utilized in any form or by any means,electronic or mechanical,including photocopying, recording,or by any information storage and retrieval system,without permission in writing from the American Planning Association. Printed on recycled paper,including 50-7o%recycled fiber and 1o%postconsumer waste. ZONINGPRACTICE 9.13 AMERICAN PLANNING ASSOCIATION l page? Regulating Food Trucks PAS EIP-36 Municipal Guides • Denver (Colorado), City and County of. 2012. "Food Truck Guide: A Multi- Department Guide." • Georgetown (Texas), City of, Planning Department. 2013. "Customer Bulletin # 104 - Mobile Food Establishments." May 17. • Raleigh (North Carolina) Planning & Development, City of. 2011. "Food Truck—Quick Reference Guide." • San Diego (California), City of, Department of Development Services. 2014. "How to Obtain a Permit for a Mobile Food Truck." Information Bulletin 148. • San Francisco (California), City and County of. 2011. "Frequently Asked Questions — Street Food: Regulations for Mobile Food Facilities." A . . . - moo DENVER s e e, 0 THE MILE HIGH CITY A Multi-Departmental Guide Food Truck Businesses Updated 06.21.2012 What is a Food Truck? A Food Truck, or Mobile Retail Food Vendor/Establishment is a readily movable, motorized wheeled vehicle, or a towed wheeled vehicle, designed and equipped to serve food. Where can I place a Food Truck and what do I need before operating a Food Truck? Parked on the Parked on As part of a Parked in a street private property larger public event public park Allowed? ■ ■ ■ See page 2 Business License ■ ■ ■ ■ Required? Permit Required? Permit may be ■ ■ ■ required, see page 2 Two exceptions Conditions on See In association location and See page 2 See page 3 www.denvergov.org/ with an event operations artsandvenues (see page 2) ALL FOOD TRUCKS- Business License To operate a Food Truck, a business license is required under the class of"Retail Food Establishments, Restaurant Mo- bile." The Denver Environmental Health Dept. requires that all Food Trucks, or mobile units, operate in conjunction with a commissary kitchen or other licensed kitchen. Commissary shall mean an approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged or stored. What you need to get approved... How to get approved... More info... ■ Pass required inspections: ■ Apply in person at Denver Excise Denver Excise and Licenses - Denver Environmental Health and Licenses www.denvergov.org/exciseandlicenses - Denver Fire Department (If ■ Submit required documents: 201 West Colfax Ave propane used on truck) - Need valid Colorado identification Room 2.H.9 ■ A completed Affidavit of Com- - Complete general business ques- Denver, CO 80202 missary form. Applicants need to tionnaire contract with a local commissary, or ■ Pay fees: Denver Environmental Health may use their own approved com- -Application fee: $200.00 www.denvergov.org/phi mercial kitchen if they have one. - License fee (per year): $125.00 201 West 14th Ave ■ Zoning use permit for where ve- ■ Schedule a licensing inspection Suite 200 hicle will be stored, if in the City and with the Denver Department of Envi- Denver, CO 80204 County of Denver. ronmental Health (DEH). Licensing inspections are conducted between 9 References: a.m. - 11 a.m. every Wednesday. Denver Revised Municipal Code: ■ Upon completion of a satisfactory Definitions: Section 23-2 (23) inspection, DEH shall approve the Regulations: Section 23-51 affidavit and the applicant shall return Fees: Section 32-106.5 the signed documents to Excise and Licenses to receive a license. ..3"Services City Services Denver gets it done! Denver Food Truck Guide FOOD TRUCK PARKED ON THE STREET- Department of Public Works You can park for vending on any What rules apply... More info... street,with the following ■ All parking rules must be fol- Denver Public Works exceptions: lowed. For example, you cannot www.denvergov.org/publicworks ■ Within 20' of an intersection double park or park at a meter 201 West Colfax Ave when making a sale or attempting without paying the required fee. If Dept. #507 to make a sale a parking meter is bagged for a Denver, CO 80202 ■ Any street, alley or public special event, you can only park right-of-way within the cen- there if authorized by the event References: tral business district defined ■ If selling ice cream as more than Denver Revised Municipal Code by ordinance (see map below) 10% of the gross income from the Chapter 54,Article XII, Section ■ Food Trucks are prohibited from food truck, you cannot sell on any 54-675 parking within 300' of a public arterial street, collector street or park or parkway unless permis- laned highway. (See street types sion has been granted as part of, at www.denvergov.org/LUTP/Func- or in association with, a festival or tionalClassification/tabid/390275/ contracted event that is permitted Default.aspx) by the Denver Department of Parks ■ Cannot sell to any person who is and Recreation. standing in the street ■ Cannot place anything, including chairs, tables, and signs on a public sidewalk or in the street Food Trucks are not allowed in the area below: FOOD TRUCK IN A PUBLIC PARK- Permit from Denver Parks and Recreation °� �� Food trucks are not allowed within a park or within 01 y0.1, 300' of a park or parkway unless associated with a festival or special event. If associated with a festival .0p gA °r� ' or special event, food trucks must obtain permission A from festival or special event organizers and obtain a Ps a +a Gig^ ��gy permit from Denver Parks and Recreation. �a 051- ap rs rs 4ap� T'3i� 26TH AVE p� T T r�y=Y � . 19TH AVEMore info... 5, o Denver Parks and Recreation sy ® u 1YTHAVE www.denvergov.org/parksandrecreation 201 West Colfax Ave S> 9 GpyF rg` 2nd Floor 1TTHAVE Denver, CO 80202 a vie v� A �~ev �p4� I&TH AVE -� 41%, rt sr � r ❑ G 2 COLFAX AVE COLFAX AVE W C N N Z _ Q a Q L7 6 Q LL J Q Y Y �J w Q C Z C Q W Q 01 T�/ lti p y m LEGAL DISCLAIMER:This Guide should not be used as a substitute for codes and regulations.The applicant is responsible for 2 compliance with all code and rule requirements,whether or not described in this Guide. Denver Food Truck Guide FOOD TRUCK ON PRIVATE PROPERTY-Zoning Permit from Denver Development Services Zoning allows licensed Food Trucks as summarized below: If operating for more than If a special event, such as If operating for less than 30 30 minutes at a location... a group of food trucks at minutes at a location... • - • • Where they are allowed... Where they are allowed... ■ All S-CC, S-MX, E-RX, E-CC, Where they are allowed... ■ All zone districts E-MX, C-MX, Industrial and OS-B 0 Most zone districts (www.den- zone districts (www.denvergov. vergov.org/zoning What you need to get approved... org/zoning). ■ No zoning permit is required ■ Allowed in all Downtown zone What you need to get approved... districts except Golden Triangle, ■ Zoning permit is required. The Arapahoe Square and Civic zone use type is "Bazaar, Carnival, Cir- districts (D-GT, D-AS, D-CV) cus or Special Event" ■ Not allowed in Residential zone districts What rules apply... ■ Days: What you need to get approved... - Max of 12 consecutive days If providing - ' • services, ■ A zoning permit is required. The -At least 90 days between - • no general sal- to the use type is "Retail Food Establish- events at same location public, as part of private ment, - ment, Mobile" ■ Hours: 9 a.m. to 11 p.m. .- ■ If in a Residential zone district, What rules apply... must be a nonprofit or governmen- ■ Hours: tal entity only Where they are allowed... - May only operate up to 4 con- ■ Allowed as an accessory use in secutive hours each day per zone How to get approved... all zone districts lot ■ Apply in person - May operate between 8 a.m. ■ Pay fees: What you need to get approved... and 9 p.m. only Permit: $10 per event ■ No zoning permit is required ■ Location: - Operations are prohibited on undeveloped zone lots and zone lots with unoccupied structures or unpaved surfaces. - Only 1 allowed per zone lot More info... - Must be 200' from any eating Denver Development Services and drinking establishment Email: development.services@ - Must be 200' from any other 201 West Crg olfax Coll fax Ave food truck 201 W - Must be at least 50' from any Dept. #203 Residential zone district Denver, CO 80202 ■ Other siting, signage and waste disposal standards apply References: Denver Zoning Code How to get approved... www.denvergov.org/zoning ■ Apply in person Article 11, Section 11.11.14, Re- ■ Pay fees: tail Food Establishment, Mobile Permit (good for 1 year): $50 Definition: Article 13, Section Annual renewal: $50 13.3 LEGAL DISCLAIMER:This Guide should not be used as a substitute for codes and regulations.The applicant is responsible for 3 compliance with all code and rule requirements,whether or not described in this Guide. OkST.1848 GU 0 R,GEGI�GETQWN TEXAS Planning Department TO: Planning Department customers SUBJECT: Customer Bulletin#104—Mobile Food Establishments DATE: February 11, 2013, last revised May 17,2013 —adding section 4 to the document The purpose of this Customer Bulletin is to inform customers of existing City Code provisions allowing for a mobile food establishment as a temporary use within the City Limits and related County and State requirements for this type of business. These policies shall be used on an interim basis until such time that the Unified Development Code (UDC)is amended to further specify this use. On May 11,2010 the UDC was amended to include a temporary use provision for "Mobile or Outdoor Food Vendor." Another city code section addresses itinerant merchants.An itinerant merchant,by definition in Section 6.50.010, last amended in 2005, does not include a use permitted by as a temporary use in the UDC and therefore does not apply to mobile food vending. Itinerant merchant means any person who exhibits, displays,sells or offers for sale any "Commodity"from a "Stand"located on public or private property or on the "Streets"of the City of Georgetown. This definition does not include: (i) A door-to-door "peddler"or"solicitor"as defined in Subsections CHAPTER 6.16.- PEDDLERS AND SOLICITORS(A)or(B)of the City Code of Ordinances, (ii) Activities authorized by an "Event Permit"issued pursuant to CHAPTER 12.24. - EVENTS AND CELEBRATIONS of the City's Code of Ordinances; or (iii) "Temporary uses"permitted pursuant to https:Hudc.georgetown.orglfilesl2008/10/UDC-122011-Chapter-5-Zoning-Use- Regulatio�sl.pdf of the City's Unified Development Code. 1. Unified Development Code provisions As provided in UDC Sections 3.11 and 5.08, the City may permit mobile or outdoor food vending within the City Limits in the C3, BP,IN, PF, MUDT and MU zoning districts.To determine the zoning on a particular piece of property you may use the online zoning district map at http://mal2s.georgetown.org/interactive-maps/. As you identify a viable location, please note that commercial business activities are prohibited within city parks with the exception of those approved through exclusive contracts for concessionaires and youth groups at athletic facilities. UDC Section 16.02 provides the following definition: "Mobile or Outdoor Food Vendor. A vehicle-mounted food service establishment that is designed to be readily movable, including push Page 1 of 8 carts, mobile kitchens, hot dog carts, pretzel wagons, etc. Foods are limited to prepackaged or commissary prepared food unless the unit is equipped and approved by the County Health District (WCCHD) to handle food preparation.Any unit that requires direct hand contact with food shall have a hand washing sink." The UDC provides several general criteria to evaluate the appropriateness of a request for any Temporary Use: • Land use compatibility. • Compliance with other regulations, such as fire code, plumbing code, electric code and similar public safety standards. • Duration—the request should indicate the proposed time period. The duration period shall not exceed 90 days as indicated in subsection 3.11.030 (C),however a request may be renewed after 90 days for a site without unresolved code violations. • Traffic circulation. • Off-street parking. • Public conveniences and litter control—including access to restroom facilities for both employees and customers, disposal of waste and cooking by-products. • Appearances and nuisances. • Signs. • Any additional conditions to minimize potential impacts. Minimum items specifically related to mobile food establishment that must be addressed include: • Location. • Days/hours of operation. • Access to a permitted commissary for food storage, preparation and disposal. • On-site waste management,including City Code Section 8.12 available online at: CHAPTER 8.12.-FOOD SANITATION • Parking and placement—include in the conceptual site plan the location of all-weather surfaces compliant with Texas Commission on Environmental Quality(TCEQ) standards for the food vendor and customer parking as well as ADA compliant access. Any outdoor deep fryers, grills or smokers shall be placed on an all weather surface. Shared parking may be considered pursuant to the procedures outlined in Customer Bulletin#105 https://planning eg_orgetown.org/files/2013/04Bulletin-105-Shared- Parking-Agreements.pdf • Utilities—conceptual site plan shall indicate a locations of electric, gas, water, and sewer sizing (indicate capacity) and paths of any cooking-grade hoses. • Fire Safety: • Fire hydrant locations must be included on the conceptual site plan. • A fire inspection shall be required for each food service vehicle/trailer. • See also attachment 1 titled Mobile Vendor Fire Safety Guidelines. • Lighting locations must be marked on the conceptual site plan. • Signage. * Additional sign limitations may apply in the downtown and historic districts. Page 2 of 8 • Restroom access-locations to be shown on the conceptual site plan;if unable to provide restrooms, an applicant may enter into an agreement with another property owner to provide restroom access for employees and customers. • Property owner(s) authorization for temporary use. • Insurance/indemnification. A mobile food court that is a congregation of two or more mobile food establishments should include the following additional items within the conceptual site plan: • Fire separations: a minimum of 20 foot separation between any permanent structure and the mobile food service vehicle/trailer and a 10 foot separation between each mobile food service vehicle/trailer. • Fire lanes and apparatus routes. • Hand washing stations (not just hand sanitizer). • Food truck/trailer wastewater disposal-routes for any service vehicles. • Wastewater disposal plan-note: cooking wastewater is not considered gray water and must be emptied daily in accordance with County and State law. • Information on any proposed live entertainment, such as bands,DJs, music amplification, outdoor dancers and performers, singing wait staff and similar activities that might occur outdoors. A separate noise waiver permit may be required. • Historic district appropriateness,if applicable. • Location of any outside fryers, grills or smokers,which require an all-weather surface and therefore are included in impervious cover calculations. • Location and dimensions of ADA compliant publically accessible routes of ingress/egress to each mobile vending unit. The above listed items are provided as a courtesy. Each individual mobile food site must be reviewed by the City's Planning staff to ensure land use compatibility, public safety and mitigation of potential adverse impacts in the spirit of the current, adopted Unified Development Code and the 2030 Comprehensive Plan. 2. Temporary Use Procedures: • The Temporary Use Permit Application for a mobile food establishment shall be submitted to the Planning Department in conformance with the provisions in the Development Process Manual, which is available online at https://udc.georgetown.org/files/2008/10/Application-Checklists-Subdiv-thru-Z-Tan- 2013.pdf. As indicated in the Manual this includes a Conceptual Site Plan prepared to scale. • A separate Temporary Use Permit Application is required for each and every location of a mobile food establishment. A congregation of multiple mobile food establishments in a "mobile food court" may be permitted on one property pursuant to a Temporary Use Permit, provided that each individual mobile food establishment fulfills the permit requirements described in Section 3 of this Bulletin (below) and a site layout scheme is Page 3 of 8 submitted demonstrating conformity to the requirements outlined in this Customer Bulletin. • Parking for a temporary use shall comply with Section 5.08 of the Unified Development Code,which includes a site plan.The application process for Site Plan approval may be found in the Development Process Manual available online at https://udc.georgetown.org/files/2008/10/AIplication-Checklists-R-thru-Stormwater-Tan- 2013.pdf • Authorization of use by the property owner(s) must be submitted in writing. The process to request permission to encroach into City property or City right of way is provided in the Development Process Manual https://udc.georgetown.org/files/2008/10/Application-Checklists-A-thru-Q-Tan-2013.p df • The current fee for a Temporary Use Permit is$110 per request.The fee must be submitted at the time of the application. Any renewals are subject to the$110 fee. • Once submitted, the Temporary Use Permit will be routed to the appropriate staff for review in the City's Planning Department and Inspections Department (including fire, electric, engineering, plumbing, and utilities). After staff review,you will be notified that your request is approved, approved upon satisfaction of additional requirements/conditions, or that the request has been denied. Any resubmittals to address staff comments should be done comprehensively-specifically with corrections to plans to address deficiencies,notation changes and similar response comments. Partial submittals that piecemeal the comments to be addressed will not be accepted. • If a request for Temporary Use is denied, an appeal may be filed with the Zoning Board of Adjustment subject to the UDC appeals procedures in Section 3.14 of the UDC. • For additional information please contact plannin @g georgetown.org or call(512) 930- 3575. 3. Other Permitting Requirements: a. Trade Permits: Please note that the Temporary Use Permit is specific to allowing the mobile food establishment at the location provided in the application, subject to the operating conditions in the approval. Such authorization of use should not be interpreted as approval of any improvements on the site. Any requests for buildings, fences, signs, electric connection, plumbing and related trade permits shall be submitted and reviewed by the city's Inspection Department in accordance with the existing permitting processes.For more information see http:Hinsi2ections.georgetown.org[ For additional information on required permits please contact inspection@georgetown.org or call (512) 930-2550. Bathroom Requirement The City of Georgetown has adopted the International Plumbing Code. Section 403.1 of the Plumbing Code establishes the minimum number of fixtures required for varying types of occupancy. Page 4 of 8 b. As referenced above, any paving of a site is subject to the Planning Department's site plan process. c. County Requirements:Pursuant to UDC Section 3.11.010 (H), a mobile or outdoor food establishment is also subject to City Code Section 8.12 which is available online at CHAPTER 8.12. -FOOD SANITATION Specifically the City of Georgetown Code of Ordinances requires obtainment of all permits and operational requirements of the Williamson County and Cities Health District(WCCHD). The Williamson County application form for a Mobile Food Establishment(MFE) is available at: http://www.wcchd.org/docs/Mobile Food Alp Procedure 070512.12df Please note the WCCD requirement that a permitted Central Preparation Facility (also known as a "Commissary")is required for food handling conducted by a MFE as well a restroom facility requirement as well as compliance with all "local plumbing codes." The County's permitting guidelines are available online at http://www.wcchd.org/docs/Unrestricted Mobile 070512.12df. For more information on the WCCHD requirements please call (512) 943-3620. Numerous mobile food commissaries operate in the Greater Austin metropolitan area that provide cold or dry storage, ovens, stoves,mixers, refrigerators, freezers and preparation areas as well as facilities to dispose of gray water, grease and other waste. Commissaries are privately operated business enterprises and therefore the City of Georgetown cannot exercise any favoritism to recommend one facility over another. d. State requirements: As provided in the WCCHD requirements, MFEs shall also comply with Texas Administrative Code Title 25, Part 1, Chapter 229, Subchapter K, Rule 229.169 which may be viewed online at http://bit.ly/Sosstate. Subsection(b) of this rule further specifies the commissary requirements of mobile food vending. e. Alcohol sales: Alcohol sales affidavits must be routed through the City Secretary's Office using existing Texas Alcoholic Beverage Commission(TABC) procedures. With the exception of alcohol sales permitted for special events, in accordance with TABC Title E, Chapter 11, alcohol sales may be only be permitted at buildings at permanent locations. Among the various State requirements is a requirement that licensed alcohol sales establishments comply with the Americans with Disabilities Act (ADA). Due to the various State provisions, alcohol sales cannot be permitted as a temporary use with a mobile food establishment however, an interested party may pursue building permits to establish a restaurant or bar through existing avenues. For more information on State alcohol sales requirements you may contact the local TABC office at(512)451-0231. 4. Exceptions: The Planning Department's Temporary Use Permit procedures described in Sections 1 and 2 above of this Customer Bulletin shall not apply to the situations described in subsection a,b Page 5 of 8 or c below,however, the provisions of section 3 above titled "Other Permitting Requirements" shall still apply: a. Food vendors associated with special events. See CHAPTER 12.24.-EVENTS AND CELEBRATIONS of the City's Code of Ordinances b. Seasonal product sales, such as Snow Cone vendors, as defined in Chapter 16 of the Unified Development Code provided that all licenses and permits are obtained from the Williamson County Health District. Seasonal uses are permitted as Temporary Use Permits by the City of Georgetown Inspections Department. c. Mobile vendors that operate exclusively within public rights of way that do not park or stand at one location, such as an Ice Cream Truck, provided that the vehicle is properly licensed and inspected and all licenses and permits are obtained from the Williamson County Health District, the State of Texas and further provided that the vehicle is operated and maintained in accordance with all applicable motor vehicle and transportation codes. 5. Summary This Customer Bulletin has been prepared as a courtesy for Department customers to describe existing code provisions and permitting requirements for mobile food establishments. This bulletin will periodically be reviewed and updated to reflect changes to the permitting requirements,new technologies and will be superseded at such time that a new ordinance is adopted relative to mobile food establishments. This informational Bulletin in no way replaces or supersedes any ordinance, order or regulation adopted by the City of Georgetown, Williamson County or the State of Texas. Page 6 of 8 Attachment 1 MOBILE VENDOR FIRE SAFETY GUIDELINES LPG, PROPANE Food Truck—Maximum of 200 gallons LPG located in an ASME motor fuel cylinder within a vented compartment and located in front of the rear axle and behind the front axle. Food Trailer—Maximum of 200 gallons LPG located outside but mounted upon the trailer. o LPG cylinders shall not exceed 100 pounds. o LPG cylinders shall have an approved label and listed shut-off valve. (All LPG requirements follow the requirements as provided for by the Texas Railroad Commission) COOKING o Food trucks/trailers which perform cooking operations which produce grease laden vapors shall be provided a Type 1 kitchen hood with ventilation. o Type 1 kitchen hoods shall be protected by a UL300 or UL300A fixed fire extinguishing system. Fixed fire extinguishing systems shall be currently inspected by a Texas licensed fire extinguisher company. o All cooking appliances shall be of an approved type,listed and labeled for the use intended. o Appliances shall be installed in accordance with the manufacturer's installation instructions. o Coleman stoves or equivalent are prohibited. o Cooking appliances shall have an approved,labeled and listed on-off valve. o LPG piping shall be of an approved,labeled and listed type for use with the cooking appliances. Rubber type hoses shall not be allowed.All piping shall be in accordance with NFPA 58 and shall be protected against physical damage. o Hot water tanks or water heaters shall be installed in accordance with the International Plumbing Code and manufacturer's installation instructions and shall include venting of the tank. o All LPG cylinders shall be protected from damage and secured upright. o There may be no storage of LPG cylinders inside trucks and/or trailers. o All valves must be turned off when appliances/cylinders are not in use. o Prior to initial use,all connections must be tested (may be done with a soapy solution). o Solid fuel cooking is prohibited. FIRE PROTECTION Page 7 of 8 o At least one portable fire extinguisher with a minimum of 18 pounds of dry chemical of the ABC rating shall be provided for the protection of the LPG.The extinguisher shall be accessible and shall be inspected yearly by a Texas licensed fire extinguisher company. o At least one portable fire extinguisher of the 2A10B:C rating shall be accessible to the interior of the food truck/trailer.The extinguisher shall be inspected yearly by a Texas licensed fire extinguisher company. o Fixed fire extinguishing systems shall be accompanied by a compatible Class K portable fire extinguisher.The Class K portable fire extinguisher shall be inspected yearly by a Texas licensed fire extinguisher company. ELECTRICAL o Extension cords shall not be utilized.Appliances shall be plugged directly into electrical outlets. o All electrical outlets with 6 feet of a wet location shall be ground fault circuit interrupter(GFCI) protected. All exterior outlets shall be GFCI protected. HOUSEKEEPING o Trash containers should be emptied regularly. o Clean all cooking surfaces regularly to prevent the build-up of grease. ADDITIONAL SAFETY TIPS Know where the fire extinguisher is located and how to use it. Don't leave food cooking unattended. Don't wear loose-fitting clothing when cooking. In case of an emergency,call 9-1-1. For more information on Fire Safety requirements please contact Don Jansen,Fire Code Plans Examiner for City of Georgetown, (512) 930-8453. Page 8 of 8 l <,tf,Jr Planninq & z October 1 111 � I • � - V4 i - 1 - 0 Mobile food trucks are permitted on private property . in the City of Raleigh provided o certain standards are met. Proper zoning must be in To locate on a property in one of with proof of a City business license, place, certain development these zoning districts, the property NC sales and use certificate, Wake standards must be met, and must have a primary use. An County vending permit, and may example of a primary use would be require the approval of a City home appropriate permits must be a building with an active use, or an occupation permit. issued. This is a user-friendly improved stand-alone parking lot. An unimproved grass or dirt lot is 3. Business License: Allows vendor guide to assist in explaining to operate a business in the City of not a primary use. Food trucks may the permitting process and not conduct sales while parked on Raleigh. regulatory framework around a public street. The only exception Copies of food truck permit, the the use of food trucks. For a to this is when the City Council has zoning permit and site or plot plan for approved a temporary street closing all sites of which the food truck has complete process description, for a City-sponsored or neighborhood preceived owner approval for vending lease g0 t0 www.ralelghnC. event. must be kept on the food truck at all gov and use the key word times. Each of these permits must be search "Food Trucks". Required Permits renewed annually on July 1st. and Licenses: Maximum Number of Trucks Food Truck Description 1. Zoning Permit: Provides specific per Property: information regarding the location of the food truck. The zoning permit • For parcels less than a'/z acre in A food truck is a licensed, motorized must be signed by the property size, only one food truck is allowed vehicle or mobile food unit which is owner, and completed and submitted on the property at the same time. temporarily stored on a privately- along with a site plan or plot plan. Properties between '/z and 1 acre in owned lot where food items are sold If a property owner has a property size may have two food trucks at the to the general public. Food trucks are large enough to accommodate more same time. permitted in several zoning districts: than one food truck, only one zoning • For parcels over 1 acre in size, a 1. Shopping Center permit is required to be submitted maximum of three food trucks are pp g 2. Neighborhood Business showing the location of all food trucks. allowed on the property at the same 3. Business 2. Food Truck Permit: Allows time. 4. Thoroughfare District operation of food truck in the City. • Outdoor seating associated with a 5. Industrial-1 Food truck permits must be submitted food truck is only permitted on lots at 6. Industrial-2 least two acres in size or greater. Food Truck Locations: • 100 feet from the front door of any restaurant and/or outdoor dining area • 50 feet from any permitted mobile food vending cart location RESTAURANT • 15 feet from any fire hydrant • 5 feet away from any driveway, _ sidewalk, utility box or vault, _ handicapped ramp, building entrance or exit or emergency call box. Parking of Food Trucks: 10OFT I 5 FT 50 FT The approved location for the parking trucks, as shown on the zoning permit, must be physically marked. The food truck parking space can ■ ■ be marked with paint, tape or any ■ other easily identifiable material. Food trucks may not be parked in Requirement: an approved location after hours of Area to be used operation. (See below) must be marked off on the ground. Hours of Operation: • 6 a.m. and 3 a.m. for food trucks in 15 FT commercial locations • 7 a.m. and 10 p.m. for food trucks From residential property. located within 150' of a residential Hours of operation ► 150 FT dwelling permitted 7am-10pm Prohibitions: From hydrants I CD • No audio amplification From permitted mobile • No free standing signage food vending cart T r • City trash receptacles may not be locations used to dispose trash or waste • All areas within 5 feet of the food From sidewalks, truck must be kept clean driveways,utility box, • Grease and liquid waste may not be handicapped ramp, disposed in tree pits, storm drains, building entrance, the sanitary sewer system or public emergency box call RESIDENTIAL streets. PROPERTY • Food trucks are all subject to the © From front door city-wide noise ordinance. Sound of restaurant absorbing devices may be used to contain or deflect the noise from external generators. Violation of Zoning Contact Information Ordinance: Permit Issuance -City of Raleigh Development Services Division 919.516.2495 1 st offense - $100 fine Business License-City of Raleigh Revenue Services Division 919.996.3200 2nd offense - $300 fine Wake County Vending Permit—Wake County 919.856.5999 3rd violation will result in loss of permit North Carolina Sales Tax—North Carolina Revenue Department 1.877.252.3052 � = PlanningDevelopment& �n,« HOW TO OBTAIN A PERMIT FOR A INFORMATION Mobile Food Truck BULLETIN THE CITY aF SAN DIE- CITY OF SAN DIEGO DEVELOPMENT SERVICES 1222 FIRST AVENUE, MS 301 SAN DIEGO, CA 92101-4101 SEPTEMBER 2014 This information bulletin describes the approval process and submittal requirements for Mobile Food Documents Referenced in this Trucks. Information Bulletin I. MOBILE FOOD TRUCKS • San Diego Municipal Code, S( DMC) Mobile food trucks are motorized vehicles from ' Information Bulletin 122,How to Prepare a Site which food or drink (prepared on-site or pre- Plan and Vicinity Map packaged)is sold or served to the general public, ' Mobile Food Truck Permit Application, DS-210 whether consumed on-site or elsewhere. They are retail food facilities and health regulated required for mobile food truck operations on businesses subject to San Diego Municipal Code private property in certain areas with high pe- Chapter 4,Article 2,Division 1 and Land Devel- destrian and vehicle activity,except where the opment Code(LDC)Section 141.0612. mobile food truck operations are exempt from Other types of commercial service or vending a City permit by SDMC Section 141.0612(f). from vehicles are not provided for by citywide One permit can cover multiple trucks on a zoning and are subject to the prohibitions and single property. regulations in Chapter 5,Article 4,Division 1. E.A Special Events Permit issued by the Special II. APPROVALS REQUIRED Events Director is required for any mobile A.Mobile food truck operators shall obtain a food truck operations that would result in the Health Permit from the County of San Diego assembly of 75 people or more on public prop- (San Diego County Code-Title 6,Division 1). erty. (See SDMC Section 22.4004). B.Mobile food truck operators shall maintain F. Additional permit options: a valid business tax certificate issued by the 1. A Temporary Use Permit may be requested for a seasonal or limited time event(maxi- City Treasurer. (Non-profits are exempt). mum of two events per year)in a location C.Most operations are exempt from a City per- the use would not be permitted per the un- mit. However, property owner authorization derlying zone. is required for any mobile food truck activity 2. A Neighborhood Use Permit may be re- on private property,regardless of whether or quested for approval to deviate from the not a permit is required. In accordance with requirements in SDMC Section 141.0612. SDMC Section 141.0612(f), no City permit is III. LOCATIONS required for the following: A.DOWNTOWN. Mobile food trucks are per- t. Operations within the public right-of- mitted in a majority of downtown. way in accordance with SDMC Section 141.0612. 1. Approval from Civic San Diego is required 2. Operations in industrial zones or commer- to operate on private property(i.e.surface cial office zones. parking lots). Please contact Civic San Di- 3. Operations on the property of a school,uni- ego at(619)235-2200 to obtain an approval versity, hospital, or religious facility with stamp on the site plan prior to submitting the written consent of the property owner a Mobile Food Truck Permit Application to or authorized school official. DSD. 4. Operations in RM-3,RM-4,and RM-5 zones 2. On-street mobile food truck operations are in association with a multiple unit develop- exempt from the requirement for a permit. ment with 16 or more dwelling units with 3. Daily operations are not permitted in the the written consent of property owner or following special character areas, unless authorized leasing office. authorized as part of a special event: 5. Operations serving an active construction a• Gaslamp Quarter Planned District. site. The boundary is approximately 8 blocks 6. Catering of a private event as an offsite located along 5th Avenue; delivery service or in accordance with the b. Little Italy Neighborhood NC Zone. limitations in SDMC Section 141.0612(d). The boundary is approximately 6 blocks located along India Street; D.A Mobile Food Truck Permit issued by the c. See Centre City PDO Figure 2 for the Development Services Department (DSD) is map. Printed on recycled paper. Visit our web site at www.sandiego.aov/development-services. Upon request,this information is available in alternative formats for persons with disabilities. DS-5148(09-14) Page 2 of 2 City of San Diego•Information Bulletin 148 September 2014 B.PARKING IMPACT OVERLAY ZONE.Mo- ished or in any way altered as a result of bile food trucks must operate off-street in ac- the mobile food truck operation area. cordance with the underlying base zone. Refer e. Sufficient detail to identify a level, to the City's Official Zoning Map to identify paved area of a minimum dimension of the base zone for a specified location. Loca- 35 feet by 15 feet for each mobile food tions where the PIOZ applies: truck that is proposed to operate at the 1. Beach impact area (Map C-731). The same time on the property. The area boundary is generally defined by the first shall not include any parking spaces 2-3 blocks adjacent to all coastal beaches. that are reserved, encumbered, or des- 2. Campus impact area (Map C-795).The ignated to satisfy the off-street parking boundary is generally defined by the areas requirement of a business or activity immediately surrounding San Diego State that would operate at the same time as University, University of San Diego, and the mobile food truck. University of California San Diego. C.Notice of Violation, (NOV). C.PLANNED DISTRICTS.In accordance with Provide one copy of any NOVs issued at the SDMC Section 151.0401, mobile food trucks property address. may be approved in accordance with the City wide zone (SDMC Chapter 13) that most V. SIGNAGE closely meets the purpose and intent of the No signage other than that exhibited on or inside applicable planned district zone in terms of of the mobile food truck may displayed. permitted uses and intensity of those uses. Mobile food trucks are required to post the Coun- D.AIRPORT LAND USE COMPATIBILITY ty certification sticker and a notice stating "To OVERLAY ZONE. Mobile food truck opera- report a violation, call City of San Diego Code tions cannot exceed established limits on the Enforcement at (619)236-5500". (Three (3)inch number of people in a safety zone. See SDMC font minimum). Chapter 13,Article 2,Division 15. VI. ELECTRICAL CONNECTION IV. SUBMITTAL REQUIREMENTS A mobile food truck operating on private prop- This section identifies the documents and plans erty may utilize an electrical connection to main- that are required: tain power as needed to maintain food storage in accordance with the California Retail Food Code A.Application health standards. However,the connection shall Provide one copy of the Mobile Food Truck be made in a manner that does not create a trip Permit Application(DS-210). hazard or other public safety hazard. B.Site Plan VII. OPERATIONS MUST BE SELF CONTAINED Site Plan must be fully dimensioned,drawn to IN THE VEHICLE scale, and at least 11"x17"size. Provide one Outside tables, seating or shade canopies may copy. not be placed in the public right-of-way.Such de- l. Development Summary velopment may only be permitted by operating Provide,in a table format,the following de- in a location on private property where no Mo- velopment summary information: bile Food Truck Permit is required(i.e.industrial a. The maximum number of mobile trucks zones or on school property), or by obtaining a being requested for approval. Neighborhood Development Permit that specifi- b. Legal description and Assessor Parcel cally provides for such development. Number(s) for the property on which the mobile food truck is proposed. VIII.ALCOHOLIC BEVERAGE c. Owner's name and address. No sales or service of alcohol shall be allowed by d. The applicable zoning designation and mobile food trucks. all overlay zone designations. 2. Site Plan IX. MOBILE FOOD TRUCK PERMIT FEE A dimensioned site plan drawing showing The fee for a Mobile Food Truck Permit will vary the general layout of the proposed mobile based on the complexity of the site context and food truck area. See Information Bulletin the time necessary for staff review. All fees are 122 for example. based on the adopted fee schedule as it currently a. The general layout and dimensions of exists or as may be amended. Existing rates: the mobile food truck area. General Plan Maintenance Fee...........................$275.00 b. Street,curb,sidewalk,property lines. Mapping Fee.....................................................$10.00 c. Building(s)footprint with tenant spaces Plan Check(4-hr.max).............................$125.00/hour labeled with square footage/use type. Records............................................................$20.00 d.Sufficient detail to demonstrate that the Issuance...........................................................$39.00 vehicle and pedestrian circulation with- in parking areas are not blocked,dimin- FREQUENTLY ASKED QUESTIONS STREET FOOD SAN FRANCISCO PLANNING DEPARTMENT Regulations for Mobile Food Facilities Trucks,carts,and other similar vehicles that JANUARY •• • • •' generalized discussion sell"street food"are of permitting process for MFF's which seek considered to be Mobile to operate on lots, • ' s stations,and other Food Facilities(MFF's) unenclosed areas outside of the public right-of- under the Municipal Code. way not on • . - City regulations relating to MFF's were the subject of a substantial overhaul under Ordinance Number 297-10,which took effect on January 2,2011. Inquiries regarding MFF applications on streets and sidewalks should be directed to This FAO is a guide for the Department of Public Works' Bureau of Street Use and Mapping at (415) 554- prospective MFF operators 5810.The Planning Department is not involved in any such applications. and other interested parties.It does not supersede or interpret the Planning Code or any other Is the Planning Department the only City Agency I need to talk to? part of the Municipal Code. No.All MFF applications must be reviewed by[1]the Department of Public Health's Mobile Food Facility Program(available by phone at(415)252-3825) and[2]if the MFF would contain any cooking,the Fire Department(available by phone at(415) 558-3303).Your business must also be registered with the Office of the Treasurer and Tax Collector.Further review may be required by additional agencies depending on the nature of your specific proposal.All required permits must be issued prior to commencing your operations. Can I operate on a property that someone else owns? Yes.However,in submitting an application to do so you are declaring under penalty of perjury that you have been authorized by the owner of the property to act as his or her agent. Do I need to know exactly where I want to operate? Yes.The City contains more than 70 different zoning districts,each with different regulations.The geographies of these districts are intricate and can vary from parcel- to-parcel even within a given block.As such,you will need to identify a particular parcel before your application can be reviewed.Additionally,you will need to identify the location of your MFF within the lot so that the Department can review your proximity to residential zoning districts as well as compliance with other Planning Code requirements. What rules will apply to me and what can I expect of the approval process? There are two paths to lawfully establish an MFF.An applicant may select whichever path is more appropriate to his or her proposal. 1. MFF as a permanent use. Long-standing Planning Code provisions allow an MFF to be treated as if it were a bricks-and-mortar restaurant subject to conventional Planning Code provisions. These vary from zoning district to zoning district.For example,in mixed-use areas,an MFF may require a public hearing,neighborhood notifi- cation,or may be entirely prohibited. On the other hand, in the Downtown or industrial areas an MFF may be approved on an "as-of-right"basis without extensive public process. 2. MFF as a temporary use. Established as part of the recent overhaul ordinance,this path treats an MFF as an im- permanent,intermittent activity which can receive a renewable one-year authorization so long as the MFF is: a. not located in residential zoning district, b. not located in a building, c. open for business only within the particular zoning district's permitted hours of operation,and d. is not physically on the property for more than either 3 days each week or,alternately,6 days each week for a maximum of 12 hours a day. Temporary MFF's are subject to neighborhood notification requirements only if located in a Zoning District with notification requirements and: (1)all MFF's on the property and their paraphernalia comprise more than 300 square feet,or(2)any part of the MFF or its paraphernalia are located within 50 feet of residential district. Which path is right for me? This depends on the Zoning District in which the MFF is proposed and the nature of your particular proposal. However,many applicants will find it much faster and less burdensome to proceed as a temporary use. I want to operate inside a building or operate 7 days a week. What should I do? If your application does not meet any of the requirements to be considered a temporary use,it can only be authorized as a permanent use. I need to go through neighborhood notice. What does this mean? A site posting is required along with a 30-day mailed notice to owners and occupants of property within 150'of the proposed location. During the 30-day period,interested parties can ask questions of you and the Department and,should concerns remain,can cause a public hearing to occur.At such hearing,if a concerned member of the public is able to demonstrate to the Planning Commission that extraordinary or unusual circumstances exist,the application may be modified or disapproved.More information is available in the "Section 311/312 Notification Application"on the Department's web site(www.sfplanning.org). Where can I get more information? Should I do anything before filing my application? We urge you contact the Planning Information Center(PIC)via telephone at(415)558-6377 or in person on the ground floor of 1660 Mission Street between Duboce and South Van Ness Avenues to discuss your particular proposal and the property in question.PIC staff will be able to verify zoning and identify any issues prior to the filing of an application. I'm ready to seek approval as a temporary use. What do I do first? Complete and submit an application for a Temporary Use Authorization(TUA)to the PIC.TUA applications are available at the Department's web site(www.sfplanning.org).A check will be required at the time of submittal to cover the application cost(discussed below).If you do not own the property,be sure that you have been authorized by the owner to act on his or her behalf. I'm ready to seek approval as a permanent use. What happens next? If your application does not conform to the standards for a temporary use and/or you wish to seek authorization as a permanent use for other reasons,the permit process will vary depending on the zoning of the proposed location.Contact the PIC for additional information. Can I be approved to vend in a City park? Sometimes.Because the City acts as a de-facto landlord in such cases,you will need to first obtain permission and comply with the rules and regulations of the Recreation and Parks Department(available by phone at(415) 831-2774).As with other applications,the proposal will be subject to review by the Planning Department for consistency with the Planning Code,with the exception that temporary MFF's in large parks are not subject to the same time limits applicable to temporary MFF's elsewhere. How do I operate in more than one location? A separate application is required for each proposed location.Planning Department authorizations are tied to a piece of real property rather than a business or particular MFF. How much will the permitting process cost? Fees for all Planning Department services,including review of TUA applications,can be found in our Fee Schedule which is available at the Department's web site at(www.sfplanning.org). How long will it take? Temporary Use Authorizations are often approved over-the-counter.Authorizations for permanent uses, depending on the Zoning District in which the use is located and associated requirements,generally necessitate anywhere from one week to four months or more. Do I really need permits? Absolutely.The Planning Code authorizes penalties of up to$250 each day that a violation exists.This penalty is supplemented by those authorized under the Health,Building,Fire,and Public Works Codes. FOR MORE INFORMATION: rpCOL'�T$.* Call or visit the San Francisco Planning Department x Central Reception Planning Information Center(PIC) 1650 Mission Street,Suite 400 1660 Mission Street,First Floor San Francisco CA 94103-2479 San Francisco CA 94103-2479 SAN FRANCISCO TEL: 415.558.6378 PLANNING TEL: 415.558.6377 DE PA R T M ENT FAX: 415 558-6409 Planning staflare available by phone and at the PIC counter. WEB: http://www.sfplanning.org No appointment is necessary. Regulating Food Trucks PAS EIP-36 Staff Reports • Louisville (Colorado), City of. 2014. "Agenda Item 8B: Ordinance No. 1665, Series 2014—An Ordinance Amending Title 17 of the Louisville Municipal Code to Define Food Trucks, Food Carts, and Mobile Retail Food Establishments and Adopt Regulations Addressing Their Allowed Operations Within Louisville." Staff Report, May 20. • San Diego (California), County of. 2014. "Amendments to the Municipal Code and Local Coastal Program Related to Food Trucks." Report to the Planning Commission, January 9. • St. Petersburg (Florida), City of, Development Review Commission. 2014. "LDR 2013-05: Text Amendment to Formally Recognize, Classify and Regulate Mobile Food Trucks Within the City Code." May 7. Also: Planning and Economic Development Department. 2013. "City File LDR 2013-05: Amendment to the Land Development Regulations ("LDRs"), Chapter 16, City Code of Ordinances." Staff Report to Development Review Commission, December 4. L: it'd;'l CITY COUNCIL COMMUNICATION Louisville AGENDA ITEM 813 COLORADO- 1',, SUBJECT: ORDINANCE NO. 1665, SERIES 2014 –AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE TO DEFINE FOOD TRUCKS, FOOD CARTS, AND MOBILE RETAIL FOOD ESTABLISHMENTS AND ADOPT REGULATIONS ADDRESSING THEIR ALLOWED OPERATIONS WITHIN LOUISVILLE – 2ND Reading – Public Hearing (advertised Daily Camera 05/11/2014) DATE: MAY 20, 2014 PRESENTED BY: TROY RUSS, AICP, PLANNING AND BUILDING SAFETY SUMMARY: This proposed Ordinance would amend Title 17 of the Louisville Municipal Code to define food trucks, food carts, and mobile retail food establishments; identify the zoning districts in the City in which such mobile food vendors could operate (all non-residential zone districts—except agricultural and open space zone districts—and the mixed use residential zone district); modify the City's temporary use (special event) allowances to permit, under specified conditions, mobile food vendors in public parks and street right- of-ways; and allow ice cream vendors, food trucks contracted for private catered events, and food trucks associated with events reserved inside the Louisville Art Center in Memory Square Park to operate on public rights-of-way and public parks in residential districts. BACKGROUND: The popularity of food trucks, food carts, and mobile retail food establishments in Louisville has increased over the years. Historically, food truck and other mobile retailers' requests have been limited to unique large scale special events, like Street Faire and the Taste of Louisville. However, the mobile food industry has evolved and many food truck operators have developed successful products and business models that are now attractive to many property owners and business operators in Louisville. Land use permits and business license applications for food trucks increased significantly in 2013. Activity requests range from food trucks participating in familiar large scale special events, (like Street Faire and Movies in the Park), to food trucks serving small onetime events in residential areas (block parties) and commercial areas (special events), to daily operation of food trucks in the Colorado Technology Center (CTC). The Louisville Municipal Code (LMC) provides staff with useful tools to ensure the safe and efficient operations of mobile food vendors. However, the LMC does not specifically recognize food trucks and other mobile retail food establishments nor does it recognize their unique operating characteristics. Staff believes some improvements to the LMC are necessary. CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1665, SERIES 2014 DATE: MAY 20, 2014 PAGE 2 OF 7 CURRENT APPROACH Staff has historically classified these land use requests within Section 17.12.030 of the LMC as Use Group #35 - Sales and repair of motor vehicles, outdoor sales and repair (appliances, retail goods, eating and drinking establishments, etc.), rental facilities. The following requirements regulate Use Group #35 in the City of Louisville zoning districts: Zoning District Yes No SRU Residential All Categories X Commercial Neighborhood CN X Commercial Community CC X Commercial Business CB X Mixed Use R & CC X Industrial I X PCZD Industrial X PCZD Commercial X PCZD Residential X Agriculture X The use of a public park or street right-of-way for a food truck is possible through a temporary use (special event) permit. However, the current temporary use permits cannot be issued in the zoning districts which do not allow food trucks. Special Review Use (SRU) permit requests are processed two ways in Louisville: 1) Administratively, by staff, if the use is less than 200 square feet and not adjacent to residential units; or, 2) Through public hearings before Planning Commission and City Council. The following criteria must be met to receive a special review use permit (note: the first two criteria in bold are additional criteria necessary for administrative approval): LMC: Sec. 17.40.100 - Criteria and conditions for approval 1. The property upon which the proposed use is located is not contiguous to any residentially zoned property. Public right-of-way and private streets or alleys will not be considered when determining contiguity; 2. New building construction associated with the proposed special review use, whether for a new building or an addition to or expansion of an existing building, does not exceed 200 square feet; 3. That the proposed use/development is consistent in all respects with the spirit and intent of the comprehensive plan and of this chapter, and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood; CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1665, SERIES 2014 DATE: MAY 20, 2014 PAGE 3 OF 7 4. That such use/development will lend economic stability, compatible with the character of any surrounding established areas; 5. That the use/development is adequate for internal efficiency of the proposal, considering the functions of residents, recreation, public access, safety and such factors including storm drainage facilities, sewage and water facilities, grades, dust control and such other factors directly related to public health and convenience; 6. That external effects of the proposal are controlled, considering compatibility of land use; movement or congestion of traffic; services, including arrangement of signs and lighting devices as to prevent the occurrence of nuisances; landscaping and other similar features to prevent the littering or accumulation of trash, together with other factors deemed to effect public health, welfare, safety and convenience; 7. That an adequate amount and proper location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities. RESEARCH Staff researched three local ordinances: Boulder, Longmont, and Fort Collins. The food truck use allowances in those ordinances are summarized below: Boulder Longmont Fort Collins Zone District On Private In Public ROW On In Public On Private In Public Property Private ROW Property ROW Property Residential Not allowed Allowed with City Not Not Not Not Manager Approval allowed I allowed allowed allowed Office Not allowed Yes—with a Allowed Yes—with Allowed Yes—with Permit a Permit a Permit Retail Allowed if Yes—with a Allowed Yes—with Allowed Yes—with certain Permit a Permit a Permit Conditions met Mixed Use Allowed if Yes—with a Allowed Yes—with Allowed Yes—with certain Permit a Permit a Permit Conditions met Industrial Allowed if Yes—with a Allowed Yes—with Allowed Yes—with certain Permit a Permit a Permit Conditions met Agriculture Not allowed Not allowed Not Not Not Not allowed allowed allowed allowed Park Yes—with a N/A Yes—with N/A Yes—with N/A Permit a Permit a Permit CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1665, SERIES 2014 DATE: MAY 20, 2014 PAGE 4 OF 7 Each of these cities also has specific performance standards that must be followed with each land use application. A complete list of performance criteria is included as an attachment to this report. In summary, the performance standards relate to the following categories: 1. Business licensure 2. Health and public safety 3. Site design criteria (parking, circulation, site lines, etc...) 4. Spatial relationships with established restaurants and other food vendors (Longmont —250'-500'; Boulder 150', Fort Collins — no distance) 5. Operational characteristics (hours, noise, advertising, etc...) STAFF ASSESSMENT: Staff believes the City's current special use criteria provide City Council powerful tools to ensure a special use permit for a food truck or outdoor food sales operation would work within any specific zone district. Four of the five criteria provide staff and potential applicants clear understanding of the City's performance expectations. However, staff believes the LMC should be amended to clarify the City's expectations related to the second SRU criterion: "That such use/development will lend economic stability, compatible with the character of any surrounding established areas.- This reas.This criterion may be met in certain locations, but may not necessarily be met in others. For example, food trucks may lend economic stability in an area that is void of food options, but they may disrupt economic stability in an area with existing eating options. At the present time the determination of economic stability is made on a case-by-case basis. This case-by-case review does not provide a land owner, or business operator certainty as to whether or not they will be able to operate a food truck on a certain property, or whether or not a food truck could operate next door to their business. Staff recommends developing more formal location criteria for food trucks and outdoor mobile food sales operations. Updates to the LMC are necessary to meet the new realities of the mobile food industry. Staff believes the use of clear spatial relationships and operational guidelines, along with public input, will provide City Council the tools necessary to distinguish between probable economic benefit and liability with the surrounding businesses. PROPOSED AMENDMENTS TO TITLE 17 The attached proposed Ordinance would amend Title 17 of the LMC to define food trucks, food carts, and mobile retail food establishments and modify their allowed operation within Louisville. CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1665, SERIES 2014 DATE: MAY 20, 2014 PAGE 5 OF 7 In summary, staff added definitions of alternative mobile food retailers and created a new Use Group #35a - Mobile retail food establishments, mobile food vehicles and mobile vending carts. These definitions and use classifications identify the zoning districts in the City in which mobile food vendors could operate. With the exception of the agricultural and open space zone districts, staff recommends all non-residential zone districts and the mixed use residential zone district allow mobile food vendors. Additionally, the ordinance modifies the City's temporary use (special event) allowances to permit mobile food vendors in public parks and street right-of-ways. Such requests would require a special event / temporary use permit application and the operation would only be allowed to occur up to 30-days a year, with no more than 5 consecutive days at any one time. With the exception of the open space zone district, the proposed ordinance would allow mobile food vendors on public right-of-way to occur in all non- residential zone districts, including the agricultural zone district, and the mixed use residential zone district. The proposed ordinance would also allow ice cream vendors, food trucks contracted for private catered events, and food trucks associated with events reserved inside the Louisville Art Center in Memory Square Park to operate on public rights-of-way and public parks in residential districts. The ordinance also includes specific performance criteria for mobile food vending in the public right-of-way and on private property. The performance standards include: a. Special Events Sales/Use Tax License is required. Applicant shall complete a Special Events sales/use tax license application and include other required attachments listed on the checklist of required documents, and include application fee. b. Boulder County Public Health Certificate is required. Applicant shall obtain Boulder County Public Health Certificate. c. Location Requirements. The use shall be located at least: one hundred fifty feet (150') from any existing restaurant, unless approved by the City Manager, or consent from all restaurant owners within 150-feet is provided. d. Operating Requirements. No person who operates any mobile retail food establishment, mobile food vehicle or mobile vending cart shall: 1. Sell anything other than food and non-alcoholic beverages, unless a special events liquor license is approved by the local licensing authority; 2. Operate more than 30 days per calendar year or more than 5 days consecutively; 3. Operate before 7:00 a.m. or after 9:00 p.m.; 4. Set-up within any designated sight triangle / vehicle clear-zone; 5. Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk; CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1665, SERIES 2014 DATE: MAY 20, 2014 PAGE 6 OF 7 6. Provide amplified music; 7. Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart, or in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made; 8. Fail to have the vehicle/cart attended at all times; 9. Fail to permanently display to the public in the food handling area of the mobile food vehicle/cart the permit authorizing such use; 10. Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use; or 11. Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle. Distances for food vending in the public right-of-way will be measured from the vendor to the property line. Distance for food vending on private property will be measured from property line to property line. Finally, the proposed ordinance provides the City Manager authority to deny a request if the City Manager concludes that is necessary to avoid traffic congestion or preserve the public health, safety and welfare. FISCAL IMPACT The fiscal impact of amending the LMC to define food trucks and to modify their allowed operation throughout Louisville will have a negligible impact on the City's fiscal performance. The attached analysis of food truck events in Community Park summarizes: "The seven nights of the Food Truck Event generated almost $800 in sales tax revenue for the City. All costs to run the event were covered by the organizers. The Parks Department collected $1500 in special event fees for the rental of the pavilion and park." PLANNING COMMISSION ACTION The Planning Commission held a public hearing March 13th and continued it April 10tH Discussions focused on the following items: 1) Distance from existing "brick and mortar"restaurants — staff provided four buffer options along with maps for consideration, including: 150', 300', 500' and 750'. Planning Commission ultimately recommended a 150' buffer to increase areas of the City eligible for food truck service. They noted the 150' buffer virtually eliminated the potential for competition with brick and mortar restaurants in Downtown Louisville and Centennial Valley along McCaslin, but ultimately provided the most area available for food trucks. CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1665, SERIES 2014 DATE: MAY 20, 2014 PAGE 7 OF 7 2) Exemptions in residential areas— staff's initial draft ordinance only allowed ice cream vendors selling "prepackaged" ice cream to operate on streets right-of- way in residential zoned districts. After a lengthy discussion, the Planning Commission recommended to eliminate the word "prepackaged" to expand the pool of potential vendors to operate on street right-of-way in residential zone districts to include custom made ice cream vendors. 3) Louisville Arts Center/Memory Square Park— Planning staff's initial draft ordinance eliminated mobile food establishments from operating at public events in the Arts Center and Memory Square Park because they are located in a residential zone district. Initial requests from the public at the planning commission hearing asked if the Louisville Cultural Council could receive an exemption because the Louisville Arts Center does not have a kitchen and the facility was at a competitive disadvantage when compared to other facilities. They stated, "a food truck associated with a particular event would increase the feasibility of the Art Center hosting a successful fund raising event." Planning staff opposed granting that request because it would provide preferential treatment to an individual interest group. Staff cited inequities associated with the request and difficulties the City would experience when variances or waivers to the single exemption would come before the City, or the Board of Adjustment. Ultimately, the Planning Commission and staff agreed on a solution that singled out special events held inside Louisville Arts Center and not by an individual organization. This slight modification would allow any organization to operate a food truck at Memory Square Park as long as it was associated with an event held inside the Arts Center. The Planning Commission voted unanimously (6-0) to recommend the modified ordinance be forwarded to City Council for consideration. Chairman Pritchard recused himself from the hearing. RECOMMENDATIONS Staff recommends City Council approve Ordinance 1665, Series 2014, an ordinance amending Title 17 of the Louisville Municipal Code to define food trucks, food carts, and mobile retail food establishments and adopt regulations addressing their allowed operations within Louisville. ATTACHMENTS: 1. Ordinance No. 1665, Series 2014; 2. Food Truck Ordinance Research Summaries: Boulder, Longmont, and Fort Collins 3. Presentation CITY COUNCIL COMMUNICATION ORDINANCE NO. 1665, SERIES 2014 AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE TO DEFINE FOOD TRUCKS, FOOD CARTS, AND MOBILE RETAIL FOOD ESTABLISHMENTS AND ADOPT REGULATIONS ADDRESSING THEIR ALLOWED OPERATIONS WITHIN LOUISVILLE. WHEREAS, the City of Louisville is a Colorado home rule municipal corporation duly organized and existing under laws of the State of Colorado and the City Charter; and WHEREAS, the popularity of food trucks, food carts and mobile retail food establishments have increased significantly in recent years; and WHEREAS, the zoning ordinances within the Louisville Municipal Code (LMC) do not specifically recognize food trucks, food carts and mobile retail food establishments nor their unique operating characteristics; and WHEREAS, the City Council desires to clearly define food trucks, food carts and mobile retail food establishment and adopt regulations addressing their allowed operations within Louisville; and WHEREAS, a core value of the City in the 2013 Comprehensive Plan promotes: "A Healthy, Vibrant, and Sustainable Economy . . . where the City understands and appreciates the trust our residents, property owners, and business owners place in it when they invest in Louisville, and where the City is committed to a strong and supportive business climate which fosters a healthy and vibrant local and regional economy for today and for the future",- WHEREAS, uture",WHEREAS, the City Council finds that defining food trucks, food carts and mobile retail food establishments and their allowed operations within Louisville will serve to clarify permissible uses and activities associated with the mobile food industry and promote a balance of uses among mobile food industry uses and established "brick and mortar" restaurants; and WHEREAS, a second core value of the City in the 2013 Comprehensive Plan promotes: Unique Commercial Areas and Distinctive Neighborhoods . . . where the City is committed to recognizing the diversity of Louisville's commercial areas and neighborhoods by establishing customized policies and tools to ensure that each maintains its individual character, economic vitality, and livable structure"; and WHEREAS, the City Council finds it is necessary and appropriate that any new regulations regarding food trucks, food carts and mobile retail food establishments contain nuisance mitigation measures to ensure each neighborhood commercial area maintains their unique character and livable structure; and 1 WHEREAS, after a duly noticed public hearing held March 13 and April 10, 2014, where evidence and testimony were entered into the record, including the findings in the White Paper and Louisville Planning Commission Staff Report dated March 13, 2014, the Louisville Planning Commission has recommended the City Council adopt the amendments to the Louisville Municipal Code set forth in this ordinance; and WHEREAS, City Council has provided notice of a public hearing on said ordinance by publication as provided by law and held a public hearing as provided in said notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO, THAT: Section 1. Chapter 17.08 of the Louisville Municipal Code is hereby amended by the addition of new Sections 17.08.323, 17.08.332, and 17.08.333, to read as follows: Sec. 17.08.242. Ice Cream Vendor. Ice Cream Vendor means a person or business selling or offering for sale ice cream or frozen dairy products on the streets, alleys or other public places. Sec. 17.08.332. Mobile Food Vehicle. Mobile Food Vehicle means a readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to store, prepare, or serve, and sell food, but which does not include mobile vending carts as defined in Section 17.08.333. Sec. 17.08.333. Mobile Retail Food Establishment Mobile Retail Food Establishment means a retail food establishment that reports to and operates from a commissary and is readily moveable and equipped to serve food but which does not include mobile vending food vehicles as defined in Section 17.08.323 and mobile vending carts as defined by Section 17.08.333. Sec. 17.08.333. Mobile Vending Cart. Mobile Vending Cart means a readily movable cart equipped to prepare, store or serve, and sell food and not exceeding a size of four feet in width by ten feet in length, excluding roof overhangs and wheels, by eight feet in height. Section 2. Section 17.12.030 of the Louisville Municipal Code is hereby amended by the addition of a new use group 35a to read as follows: 2 Sec. 17.12.030. Use groups. Districts R-R SF-LD SF-MD Use Groups A A- B- A- R-RR SF-R SF-E R-E R-M R- C- C- C- I PCZD MU OS O O OT SF-HD H N C B R / R-L CC Mobile retail food 35a establishments, N Y Y Y N N N N N N N N Y Y Y Y N mobile food vehicles,and mobile vending carts. Section 3. Section 17.16.180 of the Louisville Municipal Code is hereby amended by the addition of a new subsection 17.16.180.A.7 regarding mobile retail food establishments, mobile food vehicles and mobile vending carts, to read as follows: Sec. 17.16.180. Temporary uses. A. Permitted uses. The following uses of land are permitted in specific locations in the designated zoning districts subject to the applicable regulations of the district in which the use is located, and subject to the following regulations: 7. Mobile Retail Food Establishments, mobile food vehicles and mobile vending carts: a. Districts permitted: Only public rights-of-way and public parks within non-residential zone districts by temporary use permit, except that ice cream vendors, food trucks contracted for private catered events, and food trucks associated with events reserved inside the Louisville Art Center in Memory Square Park are allowed to operate on public rights- of-way and public parks in residential districts. b. Special Events Sales/Use Tax License is required. Applicant shall complete a Special Events sales/use tax license application and include other required attachments listed on the checklist of required documents, and include application fee. Mail to: City of Louisville Sales Tax and Licensing Division 3 749 Main Street Louisville, CO 80027 c. Boulder County Public Health Certificate is required. Applicant shall obtain Boulder County Public Health Certificate. d. Location Requirements. The use shall be located at least one hundred fifty feet (150') from any existing restaurant unless approved by the City Manager, or consent from all restaurant owners within 150-feet is provided. e. Operating Requirements. No person who operates any mobile retail food establishment, mobile food vehicle or mobile vending cart shall: 1. Sell anything other than food and non-alcoholic beverages, unless a special events liquor license is approved by the local licensing authority; 2. Operate more than 30 days per calendar year or more than 5 days consecutively; 3. Operate before 7:00 a.m. or after 9:00 p.m.; 4. Set-up within any designated sight triangle / vehicle clear-zone; 5. Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk; 6. Provide amplified music; 7. Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart, or in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made; 8. Fail to have the vehicle/cart attended at all times; 9. Fail to permanently display to the public in the food handling area of the mobile food vehicle/cart the permit authorizing such use; 10. Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use; or 11 . Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle. Notes: Distances shall be measured by the City on official maps as the radius from the closest points on the perimeter of the applicant's 4 mobile retail food establishment, mobile food vehicle or mobile vending cart to the closest point of the designated residential zone or property of the restaurant. With regard to measurement between two or more mobile food vehicles in the public right-of-way, measurement shall be in the form of standard measuring devices including and not limited to a tape measure. The city manager may from time to time prohibit the issuance of additional temporary permits and licenses in specified areas of the City in the interest of avoiding traffic congestion or preserving the public health, safety and welfare. Section 4. Chapter 17.16 of the Louisville Municipal Code is hereby amended by the addition of a new Section 17.16.310 to read as follows: Sec. 17.16.310. Mobile retail food establishments, mobile food vehicles and mobile vending carts. A mobile retail food establishment, mobile food vehicle and mobile vending cart may be permitted as an accessory use subject to the applicable regulations of the district in which the use is located and the following requirements: 1. Mobile retail food establishments, mobile food vehicles and mobile vending carts are permitted in all non-residential zone districts, except the agricultural zone district, and the mixed use residential zone district, upon approval by the Planning and Building Safety Department's review of the request submitted with the sales tax / use license application. Note: private catered events are permitted in residential districts. 2. Sales/Use Tax License is required. Applicant shall complete a sales/use tax license application and include other required attachments listed on the checklist of required documents, and include application fee. Mail to: City of Louisville Sales Tax and Licensing Division 749 Main Street Louisville, CO 80027 3. Boulder County Public Health Certificate is required. Applicant shall obtain Boulder County Public Health Certificate. 5 4. Location Requirements. The use shall be located at least one hundred fifty feet (150') from any existing restaurant. 5. Operating Requirements. No person who operates any mobile retail food establishment, mobile food vehicle or mobile vending cart shall: a. Fail to provide documentation confirming private property owner's permission upon application; b. Sell anything other than food and non-alcoholic beverages; C. Operate before 7:00 a.m. or after 9:00 p.m.; d. Set-up within any designated sight triangle / vehicle clear- zone; e. Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk; f. Provide amplified music; g. Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart, or in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made; h. Fail to have the vehicle/cart attended at all times; i. Fail to permanently display to the public in the food handling area of the mobile food vehicle/cart the permit authorizing such use; j. Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use; or k. Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle. Notes: Distances shall be measured by the City on official maps as the radius from the closest points of the property perimeter in which the mobile retail food establishment, mobile food vehicle, or mobile vending cart are located to the closest point of the designated property perimeter of the restaurant. The city manager may from time to time prohibit the issuance of additional temporary permits and licenses in specified areas of the City in the interest of avoiding traffic congestion or preserving the public health, safety and welfare. 6 Section 5. Section 17.14.050 of the Louisville Municipal Code is hereby amended by the addition of mobile retail food establishments, mobile food vehicles, and mobile vending carts as a Commercial Use Group in Table 1 to read as follows: Sec. 17.14.050. Permitted uses and district specific regulations. Tablel:PRINCIPAL USES ALLOWED IN THE MIXED USE ZONE DISTRICTS YES=Permitted By-Right No=Not Permitted R=Permitted Subject to Special Review PRINCIPAL USES CC MU-R Commercial Use Group Mobile retail food establishments,mobile food vehicles,and mobile vending Yes Yes carts Section 6. Section 17.72.090.13 of the Louisville Municipal Code is hereby amended by the addition of a new subsection 17.72.090.13.22 to read as follows (words added are underlined): Sec. 17.72.090. Commercial and office. B. Uses permitted. The following commercial and noncommercial uses may be permitted within any planning area designated "commercial" on the adopted planned community development general plan: 22. Mobile retail food establishments, mobile food vehicles and mobile vending carts subject to prescribed performance and development standards outlined in Section 17.16.310. Section 7. Section 17.72.100 of the Louisville Municipal Code is hereby amended by the addition of a new subsection 17.72.100.E to read as follows (words added are underlined): Sec. 17.72.100. Industrial uses permitted. The following industrial and nonindustrial uses may be permitted within any planning area designated "industrial" on the adopted planned community development general plan: 7 E. Mobile retail food establishments, mobile food vehicles and mobile vending carts subject to prescribed performance and development standards outlined in Section 17.16.310. Section 8. If any portion of this ordinance is held to be invalid for any reason such decisions shall not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 9. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 10. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portions hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED this day of ' 2014. Robert P. Muckle, Mayor ATTEST: Nancy Varra, City Clerk 8 APPROVED AS TO FORM: Light, Kelly, P.C. City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING this day of , 2014. Robert P. Muckle, Mayor ATTEST: Nancy Varra, City Clerk 9 BOULDER,COLORADO DEFINITION: Mobile Food Vehicle - means a readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to prepare, or serve, and sell food, but which does not include mobile vending carts as defined in section 4-18-4, "University Hill Mobile Vending Cart Permit," and section 4- 11-12, "Mobile Vending Cart Permit," B.R.C. 1981. USE ALLOWANCE: 1. Residential—Not allowed (all Categories)—(ROW okay w/City Manager approval) 2. Mixed Use—Conditional (all Categories, including ROW (w/Special use permit)) 3. Business -Conditional (all Categories, including ROW (w/Special use permit)) 4. Downtown -Conditional (all Categories, including ROW (w/Special use permit)) 5. Industrial—Conditional (all Categories, including ROW(w/Special use permit)) 6. Public—Yes (w/Special use permit) 7. Agriculture—No Allowed CONDITIONAL USE STANDARDS/CRITERIA: 1. Standards:The city manager will permit mobile food vehicle sales on private property, public property, or in the public right of way if the use is permitted in the applicable zoning district and meets the following standards and conditions: a. The use shall be located at least: i. one hundred fifty feet from any residential zone districts, except as provided in subsection (d)(1)(C) below; ii. one hundred fifty feet from any existing restaurant; and iii. two hundred feet from any other mobile food vehicle with regard to public right of way sales, no more than two mobile food vehicles per private property in the M1, M2, M3, B1, B2, B3, B4, B5, D1, D2, D3 zone districts, and no limitation on the number of mobile food vehicles per private property with owner's permission in the industrial zone district. 2. Operating Requirements: No person who operates any mobile food vehicle on public property or private property shall: a. operate before 7:00 a.m. or after 9:00 p.m. and for more than a maximum of four hours at any one approved location; b. set up any structures, canopies, tables or chairs; c. sell anything other than food and non-alcoholic beverages; d. provide amplified music; e. place signs/banners in or alongside the public right of way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle; f. fail to have the vehicle attended at all times; g. fail to permanently display to the public in the food handling area of the mobile food vehicle the permit authorizing such use; h. to provide at least three separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use; i. cause any liquid wastes used in the operation to be discharged from the mobile food vehicle; Notes: a. Distances shall be measured by the City on official maps as the radius from the closest points on the perimeter of the applicant's mobile food vehicle to the closest point of the designated residential zone or property of the restaurant. For purposes of this section, the term "restaurant" shall include "eating places" and "retail bakeries" as defined by the Standard Industrial Classification Manual, the edition of which shall be determined by the city manager. With regard to measurement between two or more mobile food vehicles in the public right of way, measurement shall be in the form of standard measuring devices including and not limited to a tape measure. b. The city manager may from time to time prohibit the issuance of additional licenses in specified areas of the City in the interest of avoiding traffic congestion or preserving the public health, safety and welfare. FORT COLLINS, COLORADO DEFINITION: Mobile Food Truck-A motorized wheeled vehicle, or towed wheeled vehicle designed and equipped to serve food. Shall include both "hot trucks" upon which food is cooked and prepared for vending, and "cold trucks"from which only commissary- prepared, ready-to eat or packaged foods in individual servings are handled. USE ALLOWANCE: 1. Residential—No Allowed (all Categories) 2. Mixed Use—Allowed (all Categories, including ROW) 3. Business -Allowed (all Categories, including ROW) 4. Downtown -Allowed (all Categories, including ROW)Conditional Use Standards/Criteria: 5. Mobile Food Vehicle Sales. The following criteria apply to any mobile food vehicle sales use: CRITERIA/STANDARDS: 1. May vend only on lots in non-neighborhood zone districts or on streets in locations in non- neighborhood zone districts where parallel parking is allowed. 2. May not stop to vend within two hundred (200)feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th)grade. 3. May vend only food and non-alcoholic beverages. 4. Permanently affix or paint any signage on the mobile food truck, with no signs/banners in or alongside street right-of-way or across roadway. 5. Vehicle, Structure or device shall not be located in any on-street parking space that is not parallel to the adjacent street. 6. Must comply with all applicable parking regulations or property issued parking permit for said parking space. 7. May not be located on a public sidewalk within the extended boundaries of the crosswalk. 8. May not be within ten (10)feet of the extension of any building entranceway, doorway or driveway. 9. Must not impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk. 10. May not operate between the hours of 3 a.m. to 7 a.m. 11. No more than one (1) outdoor vendor of any specified type is allowed to operate on any lot, tract, or parcel of land except with "Special Vending License". LONGMONT,COLORADO DEFINITION: Mobile Retail Food Establishments: retail food establishment that reports to and operates from a commissary and is readily moveable, is a motorized wheeled vehicle, or a towed wheeled vehicle designed and equipped to serve food. USE ALLOWANCE: 1. Residential—Not Allowed (all Categories) 2. Mixed Use—Allowed (all Categories, including ROW) 3. Business -Allowed (all Categories, including ROW) 4. Downtown -Allowed (all Categories, including ROW) 5. Industrial—Allowed (all Categories, including ROW) STANDARDS/CRITERIA: 1. All mobile food vendor applications must be accompanied by a Boulder County Health Department license or Weld Count y Health Department license; 2. Mobile retail food vending are allowed in all non-residential zoning districts subject to 250 foot separation requirement (500 feet in the CBD zoning district)from restaurants. 3. Mobile food vendors may vend on the public right of way, as long as the unit is parked legally(in a legal parking spot); 4. Mobile vending on the public right of way must occur at the edge of the roadway and the patron must purchase food from the sidewalk side of the road; 5. No separation requirements between trucks are recommended; Louisville City Council— Public Hearing Food Trucks Amendments to Tile 17 of the Louisville Municipal Code AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE TO DEFINE FOOD TRUCKS, FOOD CARTS, AND MOBILE RETAIL FOOD ESTABLISHMENTS AND ADOPT REGULATIONS ADDRESSING THEIR ALLOWED OPERATIONS WITHIN LOUISVILLE Food Trucks — Background Use Group#35-Sales and repair of motor vehicles,outdoor sales and repair (appliances, retail goods,eating and drinking establishments,etc.), rental facilities. Zoning District Yes No SRU Residential •. cc x Commercial NeighborhoodCIN x CB x Commercial Community Commercial Business Mixed Use Industrial PCZDIndustrial PCZDCommercial PCZDResidential Food Trucks —Amendments to Title 17 New Definitions • Ice Cream Vender. • Mobile Food Vehicle. • Mobile Retail Food Establishment • Mobile Vending Cart. Food Trucks —Amendments to Title 17 New Use Group:(Private Property) Districts RR SFLD Use GroupsA A B A R SF SF RE SFMD RM RH CN CC CB I PCZD MUR • • • OT RR R E RL SFHD CC 35a Mobile retail food establishment, including mobile food vehicle and mobile vending cart. Food Trucks —Amendments to Title 17 Temporary Use(Public Parks&ROW) PERFORMANCE CRITERIA a. Districts permitted:Only public rights-of-way and public parks within non- residential zone districts by temporary use permit(ice cream vendors and private catered events are permitted in residential districts): b. Special Events Sales/Use Tax License is required. c. Boulder County Public Health Certificate is required. d. Location Requirements: 1. At-Least one hundred fifty feet(150')from any existing restaurant, unless approved by the City Manager,or consent from all restaurant owners. Food Trucks —Amendments to Title 17 50'Buffer Downtown ;,� I Food Trucks —Amendments to Title 17 e.Operating requirements(the applicant shall not) 1. Sell anything other than food and non-alcoholic beverages, unless a special events liquor license is approved by the local licensing authority; 2. Operate more than 30-days per year and no more than 5 days consecutively; 3. Operate before 7:00 a.m.or after 9:00 p.m.; 4. Set-up within any designated sight triangle/vehicle clear-zone; 5. Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk; 6. Provide amplified music; Food Trucks —Amendments to Title 17 e.Operating requirements(the applicant shall not) 7. Place signs/banners in or alongside the public right-of-way or across roadways.Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart,or in the case of a mobile retail food establishment,attached directly to the table,awning, canopy or similar item upon or under which sales are directly made; 8. Fail to have the vehicle/cart attended at all times; 9. Fail to permanently display to the public in the food handling area of the mobile food vehicle/cart the permit authorizing such use; 10. Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse,compost,recycling and garbage that is generated by the use; or 11. Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle. Food Trucks —Amendments to Title 17 Sales Tax License Performance Criteria(Private Land): PERFORMANCE CRITERIA 1. Districts permitted:All non-residential zone districts, except the agricultural zone district,and the mixed use residential zone district, upon approval by the Planning and Building Safety Department's review of the request submitted with the sales tax/use license application. (private catered events are permitted in residential districts). 2. Sales/Use Tax License is required. 3. Boulder County Public Health Certificate is required. 4. Location Requirements: A. At-Least one hundred fifty feet(150')from any existing restaurant. Food Trucks —Amendments to Title 17 5.Operating requirements(the applicant shall not) a. Fail to provide documentation confirming private property owner's permission upon application; b. Sell anything other than food and non-alcoholic beverages; c. Operate before 7:00 a.m.or after 9:00 p.m.; d. Set-up within any designated sight triangle/vehicle clear-zone; e. Impede safe movement of vehicular and pedestrian traffic, parking lot circulation or access to any public alley or sidewalk; f. Provide amplified music; Food Trucks —Amendments to Title 17 5.Operating requirements(the applicant shall not)(Continued) g. Place signs/banners in or alongside the public right-of-way or across roadways.Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart,or in the case of a mobile retail food establishment,attached directly to the table,awning, canopy or similar item upon or under which sales are directly made; h. Fail to have the vehicle/cart attended at all times; i. Fail to permanently display to the public in the food handling area of the mobile food vehicle/cart the permit authorizing such use; j. Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse,compost,recycling and garbage that is generated by the use; or k. Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle. Food Trucks — Planning Commission Action The Planning Commission voted unanimously(6-0)to recommend approval DISCUSSION ITEMS 1)Distance from existing"brick and mortar" restaurants—150' 2)Exemptions in residential areas—Eliminated the word "prepackaged"to expand the pool of potential vendors operating on street right-of-way in residential zone districts. 3)Louisville Arts Center/Memory Square Park—Allow events held inside Louisville Arts Center to operate a food truck within a residential zone district. Food Truck - Recommendation Staff recommends City Council approve Ordinance No. 1665, Series 2014. Food Trucks —Amendments to Title 17 50'Buffer Downtown I 300`Buffer ■ Downtown w Aa f S. f war Centennial Valley 1 f w w 500`Buffer - 1 l Downtown A4 f &p f klyi Centennial Valley f cc ew rau a 8 700'Buffer ■ 4 Downtown i k✓ins r k0 � B0 ,OT cc Centennial Valley w MR 9 �l�:a:f!•S!'q PF ���999,,, r THE CITY OF S.--'AN DIEGO REPORT TO THE PLANNING COMMISSION DATE ISSUED: January 9, 2014 REPORT NO. PC-14-011 ATTENTION: Planning Commission, Agenda of January 30,2014 SUBJECT: AMENDMENTS TO THE MUNICIPAL CODE AND LOCAL COASTAL PROGRAM RELATED TO MOBILE FOOD TRUCKS SUMMARY Issue (s): Should the Planning Commission recommend approval to the City Council of the proposed ordinance related to mobile food trucks, including a new ministerial permit type and associated fee? Staff Recommendation: 1. Recommend approval to the City Council of the Amendments to the Land Development Code and Local Coastal Program including Municipal Code Chapter 5, Article 4, Chapter 12, Article 3; Chapter 13, Article 1; Chapter 14, Article 1;and Chapter 15, Articles 6 and 7. 2. Recommend approval to the City Council of a new permit type for mobile food trucks with associated fees charged in accordance with the adopted fee schedule as it currently exists or as may be amended. Environmental Review: This activity is Categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities) and 15311(c)(Accessory Structures). Fiscal Impact Statement: Costs associated with implementation of these regulations in the future will be covered by project applicants. The proposed permit fee for a mobile food truck permit would include standard permit costs per the City's adopted fee schedule including flat fees for general plan maintenance, mapping, records and permit issuance) and an hourly plan check fee (currently $148 per hour for planning review) proposed to be capped at 4 hours maximum for mobile food truck permits. The estimated permit cost ($491-$935) is consistent with the cost of mobile food truck permits required by other cities. Code Enforcement Impact: The ordinance will facilitate the legal operation of mobile food trucks within the City on private property and within the public right-of-way. See discussion section of report for additional analysis. Housing Impact: The ordinance will not affect the creation of new dwelling units. BACKGROUND Mobile food truck businesses are part of an emerging local industry of creative and cutting edge food cuisine that has helped to create an active and social pedestrian environment in communities throughout the City. Mobile food trucks are motorized vehicles that function as transportable retail food facilities for the sale of food and beverages to the general public. They have relatively low start up costs and provide economic opportunity for entrepreneurial individuals with little capital. Mobile food trucks are health regulated businesses subiect to state and local health standards published in the California Retail Food Code (Health and Safety Code), County Code,and San Diego Municipal Code. Mobile food trucks operating within the City currently must obtain a City business tax certificate and a County health permit, pass health inspections, and display a certification sticker prominently on the mobile food truck. Mobile food trucks that prepare food must also display a County issued letter grade. The County of San Diego estimates there are approximately 500 mobile food vendors with active County health permits in the region. Licensed food truck operators have recently experienced frustration and confusion upon learning there are no existing code provisions for food trucks to serve the general public on a daily basis (by right) on private property. The City's zoning code provides a regulatory process for approval of pushcarts(non-motorized transportable retail food facilities) on private property and in the public right-of-way, but currently does not provide for mobile food truck vending to occur on private property anywhere, except downtown in the Centre City Planned District where it is conditionally permitted if operators obtain a Conditional Use Permit. It is also problematic that the City's existing public right-of-way limitations on sales from vehicles and mobile food units are not consistent with the current desired mobile food vending business model. Within the public right-of-way, mobile food vending is protected by state law(California Vehicle Code), and the City is able to adopt additional requirements to regulate the time, place, and manner of mobile food truck operations as needed in the interest of public health and safety. Amendments are proposed to help differentiate the City's mobile food/beverage vending regulations from other public safety regulations that limit the sale or distribution of merchandise and services fit-om vehicles by creating new zoning regulations that accommodate mobile fond truck activity in appropriate areas of the City. On September 19,2013, Interim Mayor Todd Gloria issued a memorandum requesting regulatory changes to allow food trucks to operate on private property in a manner that best balances safety community character, and economic interests(Attachment 1). A diverse mix of stakeholders have since shown an interest in this issue,which have generally included mobile -2- food truck operators, competing restaurant and push cart operators, and representatives for various neighborhood and business interests in communities throughout the City. Curbside Bites, representing various gourmet food trucks, and the United Association of Food Trucks Sart Diego Chapter, representing various Mexican seafood and taco trucks, have been the main participants on behalf of food truck operators. The California Restaurant Association and Business Improvement District representatives have generally represented other business interests during the outreach process. On October 23,2013,the Council Committee on Smart Growth and Land Use(formerly Land Use& Housing) held a public meeting to discuss various regulatory options related to a prospective permit approval process, limits on hours and vendor duration of stay,proximity to restaurants and special events, allowable locations, and other regulatory criteria. The general direction provided was to draft an ordinance that is fair to the various stakeholders involved. Staff has since generated a draft ordinance and conducted significant public outreach. The proposed ordinance would amend the municipal code to create a new land use category for mobile food trucks, clarify where mobile food trucks are allowed to operate and what land use regulations apply,and create a reasonable process for approval. A request for public input was posted on the City webpage and distributed via e-mail (October 31, 2013)to food truck operators, community planning chairs,planning group members, and interested members of the public, including the Business Improvement Districts,the Small Business Advisory Hoard,the United Association of Food Trucks- San Diego Chapter, the California Restaurant Association, and the Institute for Justice (a legal advocacy group for food trucks). Staff also presented the item to a variety of organizations including the Code Monitoring Team, Community Planners Committee, Technical. Advisory Committee. Small Business Advisory Board, and Business Improvement District Council Board, The ordinance has since been revised in consideration of input received throughout the outreach process (Attachment 2). Recommendations have been provided as follows: Downtown Community Planning Council: On November 13, 2013, the Downtown Community Planning Association reviewed the draft ordinance and provided input regarding various provisions in the ordinance, including a request to amend the Centre City Planned District to change the mobile food truck use to apply the citywide separately regulated use criteria and change the use from conditional to a Iimited use. Tierrasanta Community Council. On November 20, 2013, the Tierrasanta Community Council voted 12-0 to recommend approval. Community Planners Committee CPC : On November 26, 2013, the Community Planners Committee voted 23-0-1 (chair abstained)to recommend approval of the draft ordinance with two modifications (to remove the 8 foot minimum sidewalk requirement and remove the limit on pay-to-park lots), which have since been reflected in the draft ordinance. -3 -